|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-1333||6th Cir.||Feb 23, 2015||May 18, 2015||9-0||Breyer||OT 2014|
Holding: The “three strikes” provision of the Prison Litigation Reform Act prevents a court from granting in forma pauperis status to a prisoner who “has, on three or more prior occasions, while incarcerated . . . , brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted.” A prior dismissal on one of the provision’s statutorily enumerated grounds counts as a strike, even if the dismissal is the subject of an ongoing appeal.
Judgment: Affirmed, 9-0, in an opinion by Justice Breyer on May 18, 2015.
|Date||Proceedings and Orders |
|Mar 27 2014||Application (13A985) to extend the time to file a petition for a writ of certiorari from April 17, 2014 to May 12, 2014, submitted to Justice Kagan.|
|Mar 27 2014||Application (13A985) granted by Justice Kagan extending the time to file until May 12, 2014.|
|May 5 2014||Petition for a writ of certiorari filed. (Response due June 4, 2014)|
|May 28 2014||Waiver of right of respondents Todd Tollefson, et al. to respond filed.|
|Jun 4 2014||Brief amicus curiae of Constitutional Accountability Center filed.|
|Jun 18 2014||DISTRIBUTED for Conference of September 29, 2014.|
|Jun 23 2014||Response Requested . (Due July 23, 2014)|
|Jul 2 2014||Order extending time to file response to petition to and including August 22, 2014.|
|Aug 21 2014||Brief of respondents Todd Tollefson, et al. in opposition filed.|
|Sep 9 2014||Reply of petitioner Andre Lee Coleman-Bey filed.|
|Sep 10 2014||DISTRIBUTED for Conference of September 29, 2014.|
|Oct 2 2014||Petition GRANTED.|
|Oct 27 2014||Consent to the filing of amicus curiae briefs, in support of eitheir party or of neither party, received from counsel for the petitioner.|
|Oct 31 2014||The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 1, 2014.|
|Oct 31 2014||The time to file respondents' brief on the merits is extended to and including January 14, 2015.|
|Dec 1 2014||Joint appendix filed. (Statement of costs filed.)|
|Dec 1 2014||Brief of petitioner Andre Lee Coleman-Bey filed.|
|Dec 8 2014||Brief amicus curiae of Constitutional Accountability Center filed.|
|Dec 8 2014||Brief amicus curiae of National Association of Criminal Defense Lawyers filed.|
|Dec 8 2014||Brief amici curiae of Thirty-three Professors filed.|
|Dec 22 2014||SET FOR ARGUMENT ON Monday, February 23, 2015|
|Dec 22 2014||Record requested from U.S.C.A. 6th Circuit.|
|Dec 23 2014||Record received from U.S.C.A. 6th Circuit, the record is electronic.|
|Jan 7 2015||CIRCULATED.|
|Jan 14 2015||Brief of respondents Todd Tollefson, et al. filed. (Distributed)|
|Jan 21 2015||Brief amicus curiae of the United States filed. (Distributed)|
|Jan 21 2015||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Feb 10 2015||Reply of petitioner Andre Lee Coleman-Bey filed. (Distributed)|
|Feb 20 2015||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Feb 23 2015||Argued. For petitioner: Kannon K. Shanmugan, Washington, D. C. For respondents: Aaron D. Lindstrom, Solicitor General, Lansing, Mich.; and Allon Kedem, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)|
|May 18 2015||Adjudged to be AFFIRMED. Breyer, J., delivered the opinion for a unanimous Court.|
|Jun 19 2015||JUDGMENT ISSUED.|
#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).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050