|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-537||1st Cir.||Oct 4, 2016||Nov 29, 2016||8-0||Ginsburg||OT 2016|
Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the petitioners in this case.
Holding: The issue-preclusion component of the double jeopardy clause, which bars a second contest of an issue of fact or law raised and necessarily resolved by a prior judgment, does not bar the government from retrying defendants after a jury has returned irreconcilably inconsistent verdicts of conviction and acquittal and the convictions are later vacated for legal error unrelated to the inconsistency.
Judgment: Affirmed, 8-0, in an opinion by Justice Ginsburg on November 29, 2016. Justice Thomas filed a concurring opinion.
|Date||Proceedings and Orders |
|Oct 23 2015||Petition for a writ of certiorari filed. (Response due November 27, 2015)|
|Nov 18 2015||Order extending time to file response to petition to and including December 28, 2015.|
|Dec 16 2015||Order further extending time to file response to petition to and including January 27, 2016.|
|Jan 22 2016||Order further extending time to file response to petition to and including February 10, 2016.|
|Feb 10 2016||Brief of respondent United States in opposition filed.|
|Feb 23 2016||Reply of petitioners Juan Bravo-Fernandez and Hector Martinez-Maldonado filed.|
|Feb 24 2016||DISTRIBUTED for Conference of March 18, 2016.|
|Mar 21 2016||DISTRIBUTED for Conference of March 25, 2016.|
|Mar 28 2016||Petition GRANTED limited to Question 1 presented by the petition.|
|Apr 7 2016||The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 10, 2016.|
|Apr 7 2016||The time to file respondent's brief on the merits is extended to and including August 12, 2016.|
|Jun 10 2016||Joint appendix filed.|
|Jun 10 2016||Brief of petitioners Juan Bravo-Fernandez and Hector Martinez-Maldonado filed.|
|Jun 17 2016||Brief amicus curiae of National Association of Criminal Defense Lawyers filed.|
|Jun 17 2016||Brief amicus curiae of Cato Institute filed.|
|Jun 17 2016||Brief amicus curiae of National Association for Public Defense filed.|
|Jun 17 2016||Brief amici curiae of Criminal Law Professors filed.|
|Jul 13 2016||SET FOR ARGUMENT on Tuesday, October 4, 2016.|
|Jul 22 2016||Record requested from the U.S.C.A. 1st Circuit.|
|Jul 28 2016||Record received from U.S.D.C. District of Puerto Rico is electronic and located on PACER.|
|Jul 29 2016||Record received from the U.S.C.A. 1st Circuit is electroninc and located on PACER with the exception of one Joint Appendix (1 Box).|
|Aug 4 2016||Record received from U.S.D.C. District of Puerto Rico (2 Boxes 1 of which is SEALED).|
|Aug 12 2016||Brief of respondent United States filed. (Corrected copy filed & distributed 9/2/16.)|
|Aug 19 2016||CIRCULATED.|
|Sep 12 2016||Reply of petitioners Juan Bravo-Fernandez and Hector Martinez-Maldonado filed. (Distributed)|
|Oct 4 2016||Argued. For petitioners: Lisa S. Blatt, Washington, D. C. For respondent: Elizabeth B. Prelogar, Assistant to the Solicitor General, Department of Justice, Washington, D. C.|
|Nov 29 2016||Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion.|
|Jan 3 2017||JUDGMENT ISSUED.|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).