|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-1328||D.C. Cir.||TBD||TBD||TBD||TBD||OT 2020|
Issue: Whether an impeachment trial before a legislative body is a “judicial proceeding” under Rule 6(e)(3)(E)(i) of the Federal Rules of Criminal Procedure.
|Date||Proceedings and Orders |
|May 07 2020||Application (19A1035) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice.|
|May 08 2020||UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that the mandate of the United States Court of Appeals for the District of Columbia Circuit, case No. 19-5288, is hereby stayed pending receipt of a response, due on or before Monday, May 18, 2020, by 3 p.m. ET, and further order of The Chief Justice or of the Court.|
|May 18 2020||Response to application from respondent House Committee on the Judiciary filed.|
|May 19 2020||Reply of applicant Department of Justice filed.|
|May 20 2020||Application (19A1035) granted. The application for stay of the mandate presented to The Chief Justice and by him referred to the Court is granted. The issuance of the mandate of the United States Court of Appeals for the District of Columbia Circuit, case No. 19-5288, is stayed pending the filing and disposition of a petition for a writ of certiorari, if such petition is filed on or before June 1, 2020, by 5 p.m. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the issuance of the judgment of this Court. If no petition for a writ of certiorari is filed on or before June 1, 2020, by 5 p.m., the stay shall terminate.|
|Jun 01 2020||Petition for a writ of certiorari filed. (Response due July 1, 2020)|
|Jun 15 2020||Brief of respondent House Committee on the Judiciary in opposition filed.|
|Jun 18 2020||Reply of petitioner Department of Justice filed.|
|Jun 22 2020||DISTRIBUTED for Conference of 6/25/2020.|
|Jun 29 2020||DISTRIBUTED for Conference of 7/1/2020.|
|Jul 02 2020||Petition GRANTED.|
|Aug 03 2020||Joint motion for an extension of time to file the briefs on the merits filed.|
|Aug 10 2020||Joint motion to extend the time to file the joint appendix and petitioner's brief on the merits is extended to and including August 31, 2020. The time to file respondent's brief on the merits is extended to and including October 14, 2020.|
|Aug 31 2020||Brief of petitioner Department of Justice filed.|
|Aug 31 2020||Motion to dispense with printing the joint appendix filed by petitioner.|
|Sep 16 2020||SET FOR ARGUMENT on Wednesday, December 2, 2020.|
|Oct 05 2020||Motion to dispense with printing the joint appendix filed by petitioner GRANTED.|
|Oct 08 2020||Record requested from the U.S.C.A. District of Columbia Circuit.|
|Oct 14 2020||Brief of respondent House Committee on the Judiciary filed.|
|Oct 19 2020||Record received from the U.S.C.A. D.C. Circuit is electronic and located on PACER, some of the record has been electronically filed.|
|Oct 21 2020||Brief amicus curiae of Constitutional Accountability Center filed.|
|Oct 27 2020||CIRCULATED|
|Nov 13 2020||Reply of petitioner Department of Justice filed. (Distributed)|
|Nov 17 2020||Motion to remove the case from the December 2020 argument calendar filed by respondent House Committee on the Judiciary. (Distributed)|
|Nov 19 2020||Response to motion to remove the case from the December 2020 argument calendar from petitioner Department of Justice filed. (Distributed)|
|Nov 20 2020||Motion to remove the case from the December 2020 argument calendar GRANTED.|
|Jun 14 2021||Suggestion of mootness and motion to vacate the judgment of the court of appeals filed by petitioner.|
|Jun 15 2021||Response of House Committee on the Judiciary to motion submitted.|
|Jul 02 2021||The motion to vacate the judgment is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the District of Columbia Circuit with instructions to direct the District Court to vacate the October 25, 2019 order granting the application of the Committee on the Judiciary, U. S. House of Representatives. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950).|
New on the shadow docket: Florida seeks an emergency order blocking CDC policies that substantially limit cruise ships from sailing.
Florida asks #SCOTUS to block, pending appeal, CDC restrictions imposed on cruise industry b/c of COVID-19 pandemic: https://www.scotusblog.com/wp-content/uploads/2021/07/21A5.pdf
NEW: Mississippi formally asks the Supreme Court to overturn its landmark abortion case, Roe v. Wade, in latest court filing. https://www.supremecourt.gov/DocketPDF/19/19-1392/184703/20210722161332385_19-1392BriefForPetitioners.pdf
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I really enjoyed getting to chat with the incomparable @AHoweBlogger about (1) why #SCOTUS's "shadow docket" *is* a big deal; (2) why it's so hard to figure out how to include it in broader assessments of the Justices' work; and (3) some possible ways to include it going forward. https://twitter.com/SCOTUSblog/status/1417545384314949635
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