|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-7515||8th Cir.||Nov 12, 2013||Jan 27, 2014||9-0||Scalia||OT 2013|
Holding: At least when the use of a drug distributed by the defendant is not an independently sufficient cause of the victim's death or serious bodily injury, a defendant cannot be liable for penalty enhancement under the penalty enhancement provision of the Controlled Substance Act unless such use is a but-for cause of the death or injury.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Scalia on January 27, 2014. Justice Alito joins the opinion except for Part III-B. Justice Ginsburg filed an opinion concurring in the judgment, which Justice Sotomayor joined.
|Date||Proceedings and Orders |
|Nov 27 2012||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2013)|
|Dec 5 2012||Waiver of right of respondent United States to respond filed.|
|Dec 13 2012||DISTRIBUTED for Conference of January 4, 2013.|
|Dec 27 2012||Response Requested . (Due January 28, 2013)|
|Jan 23 2013||Order extending time to file response to petition to and including February 27, 2013.|
|Feb 15 2013||Order further extending time to file response to petition to and including March 29, 2013.|
|Mar 26 2013||Brief of respondent United States in opposition filed.|
|Apr 3 2013||Reply of petitioner Marcus Andrew Burrage filed. (Distributed)|
|Apr 11 2013||DISTRIBUTED for Conference of April 26, 2013.|
|Apr 29 2013||Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Questions 1 and 2 presented by the petition.|
|May 9 2013||Motion to appoint counsel filed by petitioner Marcus Andrew Burrage.|
|Jun 6 2013||The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 19, 2013.|
|Jun 6 2013||The time to file respondent's brief on the merits is extended to and including September 20, 2013.|
|Jun 10 2013||Motion DISTRIBUTED for Conference of June 13, 2013.|
|Jun 17 2013||Motion to appoint counsel filed by petitioner GRANTED. Angela L. Campbell, Esq., of Des Moines, Iowa, is appointed to serve as counsel for the petitioner in this case.|
|Jul 19 2013||Joint appendix filed. (Statement of costs filed.)|
|Jul 19 2013||Brief of petitioner Marcus Andrew Burrage filed.|
|Jul 26 2013||Brief amicus curiae of Families Against Mandatory Minimums filed.|
|Jul 26 2013||Brief amicus curiae of National Association of Criminal Defense Lawyers filed.|
|Aug 19 2013||CIRCULATED.|
|Aug 20 2013||SET FOR ARGUMENT on Tuesday, November 12, 2013.|
|Sep 12 2013||The time to file respondent's brief on the merits is further extended to and including October 1, 2013.|
|Sep 13 2013||Record received from U.S.C.A. for 8th Circuit. (1 box)|
|Sep 17 2013||Record from U.S. District Court, Southern Dist. of Iowa is electronic (Not PACER).|
|Sep 17 2013||Exhibits received from U.S.D.C. of Iowa. Paper and CD exhibits. (1 box)|
|Oct 1 2013||Brief of respondent United States filed. (Distributed)|
|Oct 8 2013||Brief amici curiae of Alaska, et al. filed. (Distributed)|
|Oct 31 2013||Reply of petitioner Marcus Andrew Burrage filed. (Distributed)|
|Nov 12 2013||Argued. For petitioner: Angela L. Campbell, Des Moines, Iowa (Appointed by this Court.) For respondent: Benjamin J. Horwich, Assistant to the Solicitor General, Department of Justice, Washington, D. C.|
|Jan 27 2014||Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Breyer, and Kagan, JJ., joined, and in which Alito, J., joined as to all but Part III-B. Ginsburg, J., filed an opinion concurring in the judgment, in which Sotomayor, J., joined.|
|Feb 28 2014||JUDGMENT ISSUED.|
|Aug 1 2014||Record returned for U.S.C.A. 8th Circuit.|
|Aug 1 2014||Record returned for U.S.D.C. Southern District of Iowa-Des Moines.|
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).