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Bucklew v. Precythe

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Docket No. Op. Below Argument Opinion Vote Author Term
17-8151 8th Cir. Nov 6, 2018 Apr 1, 2019 5-4 Gorsuch OT 2018

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel on an amicus brief in support of the petitioner in this case.

Holding: Baze v. Rees and Glossip v. Gross govern all Eighth Amendment challenges alleging that a method of execution inflicts unconstitutionally cruel pain; Russell Bucklew’s as-applied challenge to Missouri’s single-drug execution protocol -- that it would cause him severe pain because of his particular medical condition -- fails to satisfy the Baze-Glossip test.

Judgment: Affirmed, 5-4, in an opinion by Justice Gorsuch on April 1, 2019. Justice Thomas and Justice Kavanaugh filed concurring opinions. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined as to all but Part III. Justice Sotomayor filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 15 2018Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2018)
Mar 15 2018Application (17A911) for a stay of execution of sentence of death, submitted to Justice Gorsuch.
Mar 16 2018Brief of respondents Anne Precythe, et al. in opposition filed.
Mar 19 2018Reply of petitioner Russell Bucklew filed.
Mar 20 2018Application (17A911) referred to the Court.
Mar 20 2018Application (17A911) granted by the Court. The application for stay of execution of sentence of death presented to Justice Gorsuch and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. The Chief Justice, Justice Thomas, Justice Alito, and Justice Gorsuch would deny the application for stay of execution.
Mar 22 2018DISTRIBUTED for Conference of 4/13/2018.
Apr 06 2018Brief amici curiae of The American Civil Liberties Union, et al. filed. (Distributed)
Apr 16 2018DISTRIBUTED for Conference of 4/20/2018.
Apr 23 2018DISTRIBUTED for Conference of 4/27/2018.
Apr 30 2018Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. In addition to the questions presented in the petition, the parties are directed to brief and argue the following Question: Whether petitioner met his burden under Glossip v. Gross, 576 U. S. ____ (2015), to prove what procedures would be used to administer his proposed alternative method of execution, the severity and duration of pain likely to be produced, and how they compare to the State's method of execution.
May 08 2018Motion for an extension of time filed.
May 16 2018Motion to extend the time to file the joint appendix and petitioner's brief on the merits granted and the time is extended to and including July 16, 2018.
Jun 26 2018Blanket Consent filed by Petitioner, Russell Bucklew
Jul 06 2018Blanket Consent filed by Respondent, Anne Precythe, et al.
Jul 16 2018Brief of petitioner Russell Bucklew filed.
Jul 16 2018Joint appendix (2 volumes) filed. (Statement of costs filed)
Jul 16 2018Petitioner's Unopposed Motion to File Joint Appendix -- Volume III Under Seal of Russell Bucklew not accepted for filing. (Amended motion submitted.) (August 15, 2018)
Jul 20 2018Brief amici curiae of The American Civil Liberties Union, et al. filed.
Jul 23 2018Brief amicus curiae of Pharmacy, Medicine, and Health Policy Experts filed.
Jul 23 2018Brief amici curiae of Former Corrections Officials filed.
Jul 23 2018Brief amicus curiae of Association for Accessible Medicines in support of neither party filed.
Jul 23 2018Brief amici curiae of Scholars and Academics of Constitutional Law filed.
Jul 23 2018Brief amicus curiae of Megan McCracken and Jennifer Moreno filed.
Jul 23 2018Brief amicus curiae of Former Judges and Prosecutors filed.
Jul 23 2018Brief amicus curiae of American Medical Association in support of neither party filed.
Aug 15 2018Motion to file Volume III of the joint appendix under seal with redacted copy of transcript for public record filed by petitioner Russell Bucklew.
Aug 15 2018Brief of respondent Anne Precythe, et al. filed.
Aug 20 2018SET FOR ARGUMENT on Tuesday, November 6, 2018
Aug 22 2018DISTRIBUTED for Conference of 9/24/2018.
Aug 22 2018Brief amici curiae of States of Texas, Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Mississippi, Nebraska, South Carolina, Tennessee, Utah, Wyoming filed. (Distributed)
Aug 22 2018Brief amici curiae of Arizona Voice for Crime Victims, Inc., and Melissa Sanders filed. (Distributed)
Sep 06 2018Lodging proposal of petitioner filed. (Distributed)
Sep 10 2018Record requested from the U.S.C.A. 8th Circuit.
Sep 10 2018Opposition of respondent to lodging proposal of petitioner filed. (Distributed)
Sep 12 2018CIRCULATED
Sep 14 2018Reply of petitioner Russell Bucklew filed. (Distributed)
Sep 19 2018Record received from the U.S.C.A. 8th Circuit. The record is complete. (1 Box).
Oct 01 2018Motion to file Volume III of the joint appendix under seal with redacted copy of transcript for public record GRANTED.
Oct 19 2018Motion to appoint counsel filed by petitioner Russell Bucklew.
Oct 31 2018DISTRIBUTED for Conference of 11/16/2018.
Nov 06 2018Argued. For petitioner: Robert Hochman, Chicago, Ill. For respondents: D. John Sauer, State Solicitor, Jefferson City, Mo.
Nov 19 2018Motion to appoint counsel filed by petitioner GRANTED, and Cheryl A. Pilate, Esquire, of Kansas City, Missouri, is appointed to serve as counsel for the petitioner in this case.
Apr 01 2019Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Kavanaugh, JJ., joined. Thomas, J., and Kavanaugh, J., filed concurring opinions. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined as to all but Part III. Sotomayor, J., filed a dissenting opinion.
May 03 2019JUDGMENT ISSUED.
Aug 05 2019the record from the U.S.C.A. 8th Circuit has been returned.