|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-215||2d Cir.||N/A||N/A||N/A||N/A||OT 2012|
Issue: (1) Whether, assuming arguendo that a plaintiff can state a cognizable constitutional claim under either the Fourth or Fourteenth Amendment with respect to a child’s removal, the qualified immunity question as to a caseworker who removed a child in an investigation mandated by New York Social Services Law § 424 should be whether a reasonable jury could conclude that the child was not at imminent risk of harm or whether a reasonable caseworker in that particular caseworker’s position could have concluded that the child was; (2) whether, assuming arguendo that a plaintiff can state a cognizable constitutional claim under either the Fourth or Fourteenth Amendment with respect to a child’s removal, a caseworker is entitled to qualified immunity from suit where five judges of the United States Court of Appeals for the Second Circuit agree that there was an absence of clearly established statutory or constitutional rules of which the caseworker should have been aware when he secured a warrant to search a home and removed children at the direction of his superior; and (3) whether, after removing children from a home under the belief that they were abused, and, thereafter, a state court adjudicates a parent to have been so abusive of his children as to deny him further custody, the parent and the children can sue the caseworker who rescued children from further abuse on either substantive or procedural due process grounds.
|Date||Proceedings and Orders |
|Aug 15 2012||Petition for a writ of certiorari filed. (Response due September 17, 2012)|
|Sep 12 2012||Order extending time to file response to petition to and including October 17, 2012, for all respondents.|
|Sep 17 2012||Motion for leave to file amici brief filed by National Association of Social Workers, et al.|
|Oct 16 2012||Order further extending time to file response to petition to and including November 6, 2012, for all respondents.|
|Nov 6 2012||Brief of respondents Sonny Southerland, Sr. et al. in opposition filed.|
|Nov 20 2012||DISTRIBUTED for Conference of December 7, 2012.|
|Dec 17 2012||DISTRIBUTED for Conference of January 4, 2013.|
|Jan 7 2013||DISTRIBUTED for Conference of January 11, 2013.|
|Jan 14 2013||DISTRIBUTED for Conference of January 18, 2013.|
|Jan 22 2013||Motion for leave to file amici brief filed by National Association of Social Workers, et al. GRANTED. Justice Sotomayor took no part in the consideration or decision of this motion.|
|Jan 22 2013||Petition DENIED. Justice Sotomayor took no part in the consideration or decision of this petition.|
The Senate has advanced Biden's nomination of Elizabeth Prelogar to be solicitor general, the top lawyer who represents the administration at the Supreme Court.
Final confirmation vote expected tomorrow. Just in time for Prelogar to argue on Monday in the Texas abortion case?
Invoked, 53-42: Motion to invoke cloture on Executive Cal. #413 Elizabeth Prelogar to be Solicitor General of the United States.
It's the Great Pumpkin, Chief Justice Roberts.
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A week from today, the Supreme Court will hear argument on the scope of the Second Amendment's right to bear arms. It's a case that could ultimately determine the fate of many gun-control measures around the country. Here's our preview, from @AHoweBlogger:
In major Second Amendment case, court will review limits on carrying a concealed gun in public - SCOTUSblog
The Second Amendment guarantees “the right of the people to keep and bear arms.” On Nov. 3, the Suprem...
The court has rescheduled oral argument in Shinn v. Ramirez, an important case involving habeas rights and the death penalty, for Dec. 8.
#SCOTUS also issues revised December argument calendar, adding Shinn v. Ramirez (moved to December from November to accommodate Texas cases) on Dec. 8: https://www.scotusblog.com/wp-content/uploads/2021/10/10-26-21-Amended-DEC-2021-Monthly-Argument-Session-Calendar.pdf
#SCOTUS issues order on divided argument in next week's Texas abortion cases, allows Texas to file one consolidated (but oversized) brief for both cases: https://www.supremecourt.gov/orders/courtorders/102621zr_o7jp.pdf
Happening now outside SCOTUS: Several dozens supporters of expanding the size of the court are holding a rally. Speakers include Sen. Ed Markey, Sen. Tina Smith, and Rep. Mondaire Jones.