|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-1518||11th Cir.||Mar 18, 2013||May 13, 2013||9-0||Breyer||OT 2012|
Holding: The term “defalcation” in the Bankruptcy Code includes a culpable state of mind requirement involving knowledge of, or gross recklessness in respect to, the improper nature of the fiduciary behavior.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Breyer on May 13, 2013.
|Date||Proceedings and Orders |
|Jun 14 2012||Petition for a writ of certiorari filed. (Response due July 18, 2012)|
|Aug 1 2012||DISTRIBUTED for Conference of September 24, 2012.|
|Aug 22 2012||Response Requested . (Due September 21, 2012)|
|Sep 20 2012||Brief of respondent BankChampaign, N.A. in opposition filed.|
|Sep 28 2012||Reply of petitioner Randy Curtis Bullock filed.|
|Oct 3 2012||DISTRIBUTED for Conference of October 26, 2012.|
|Oct 29 2012||Petition GRANTED.|
|Dec 11 2012||Letter of petitioner from counsel for the parties jointly proposing a lodging of the trust instrument that is the origin of the issues in this case filed. (Distributed)|
|Dec 13 2012||Joint appendix filed. (Statement of costs filed)|
|Dec 13 2012||Brief of petitioner Randy Curtis Bullock filed.|
|Dec 20 2012||Brief amicus curiae of G. Eric Brunstad, Jr. filed.|
|Jan 7 2013||SET FOR ARGUMENT ON Monday, March 18, 2013|
|Jan 11 2013||Brief of respondent BankChampaign, N.A. filed.|
|Jan 14 2013||Brief amici curiae of Professors Richard Aaron, et al. filed.|
|Jan 18 2013||Brief amicus curiae of United States filed.|
|Jan 18 2013||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Jan 23 2013||CIRCULATED.|
|Jan 24 2013||Record received from U.S.C.A. for 11th Circuit. (1 envelope)|
|Feb 11 2013||Reply of petitioner Randy Curtis Bullock filed. (Distributed)|
|Feb 19 2013||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Mar 18 2013||Argued. For petitioner: Thomas M. Byrne, Atlanta, Ga. For respondent: Bill D. Bensinger, Birmingham, Ala.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)|
|Mar 18 2013||The Clerk has approved the parties' joint proposal to lodge copies of the trust instrument from the Illinois proceedings.|
|Mar 19 2013||Record from U.S.D.C. for Southern District of Alabama is electronic.|
|May 13 2013||Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court.|
|Jun 14 2013||JUDGMENT ISSUED.|
|Jun 14 2013||Record returned to U.S.C.A. for 11th Circuit.|
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).