|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|20A96||6th Cir.||N/A||N/A||N/A||N/A||OT 2020|
Issue: Whether the Supreme Court should temporarily suspend, pending appeal, an executive order by Kentucky Gov. Andrew Beshear that forces the closure of all public and private schools in the state – including religious schools – in light of the COVID-19 pandemic, because the order violates the Constitution's free exercise clause.
|Date||Proceedings and Orders |
|Dec 01 2020||Application (20A96) to vacate stay, submitted to Justice Kavanaugh.|
|Dec 01 2020||Response to application (20A96) requested by Justice Kavanaugh, due Friday, December 4, by 4 p.m. ET.|
|Dec 02 2020||Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Pleasant View Baptist Church, et al.|
|Dec 03 2020||Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by The Becket Fund for Religious Liberty.|
|Dec 04 2020||Response to application from respondent Andy Beshear, Governor of Kentucky filed.|
|Dec 04 2020||Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Bourbon Christian Academy, et al.|
|Dec 04 2020||Motion for leave to file amici brief and for leave to file brief in compliance with Rule 33.2 filed by United States Senators.|
|Dec 04 2020||Motion for leave to file amici brief filed by Samuel A. Fryer Yavneh Academy, et al.|
|Dec 04 2020||Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Church-State Scholars.|
|Dec 08 2020||Reply of applicants Danville Christian Academy, Inc., et al. filed.|
|Dec 08 2020||Motion for leave to file amici brief filed by The American Medical Association, et al.|
|Dec 17 2020||Application (20A96) referred to the Court.|
|Dec 17 2020||Application (20A96) denied by the Court. (Detached Opinion). JUSTICE ALITO, with whom JUSTICE GORSUCH joins, dissenting from the denial of application to vacate stay. JUSTICE GORSUCH, with whom JUSTICE ALITO joins, dissenting from the denial of application to vacate stay. (Detached Opinion).|
#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