|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|18-1465||9th Cir.||N/A||N/A||N/A||N/A||OT 2019|
Issues: (1) Whether a parent claiming substantive due process violations needs to demonstrate that the county’s conduct “shocks the conscience,” as five circuits have held, or whether omissions by the county—i.e., the lack of obtaining parental notice and consent—alone result in municipal liability, as the U.S. Court of Appeals for the 9th Circuit held below; (2) whether parental notice and consent (or a court order) are prerequisites to a child’s medical examination, even if (i) the exams are diagnostic and do not involve treatment decisions; and (ii) any investigatory purpose of the examinations is incidental to the primary purposes of protecting the child’s health and preventing the spread of contagious disease; and (3) whether, in conducting its “special needs” balancing test under the Fourth Amendment, the U.S. Court of Appeals for the 9th Circuit erred by disregarding the government’s interest in protecting the health of other children and center staff.
|Date||Proceedings and Orders |
|May 22 2019||Petition for a writ of certiorari filed. (Response due June 24, 2019)|
|Jun 24 2019||Brief of respondents Mark Mann, et al. in opposition filed.|
|Jul 08 2019||Reply of petitioner County of San Diego filed.|
|Jul 10 2019||DISTRIBUTED for Conference of 10/1/2019.|
|Oct 07 2019||Petition DENIED.|
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).