|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Issues: (1) Whether the Fourth Amendment requires a police officer to wait until an armed suspect points the barrel of his handgun in the officer’s direction before the officer can deploy lethal force to protect himself and innocents in the area; (2) whether the U.S. Court of Appeals for the 2nd Circuit erred in denying Detective Brett Ferris qualified immunity without even identifying what material facts defined the immunity questions; (3) whether the 2nd Circuit erred in deferring the qualified immunity questions to the “post-verdict” stage of the trial so that immunity would only be addressed in the event a jury issued a verdict against Ferris; and (4) whether the 2nd Circuit’s decision below disregarded the Supreme Court’s repeated holdings that qualified immunity is immunity from suit, not merely immunity from judgment, when it declined to define or decide the immunity questions despite a robust record containing undisputed facts.
|Date||Proceedings and Orders |
|Apr 29 2022||Petition for a writ of certiorari filed. (Response due June 6, 2022)|
|Jun 06 2022||Brief of respondent Chrystal Scism, Individually and as Adminstratix of the Estate of Joshua Scism in opposition filed.|
|Jun 06 2022||Motion for leave to file amicus brief filed by National Police Association.|
|Jun 22 2022||DISTRIBUTED for Conference of 9/28/2022.|
JUST IN: The Supreme Court will continue to provide a live audio stream of oral arguments in the new term that begins on Monday. https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-28-22
SCOTUS releases new "circuit justice" lineup, with Jackson taking over the Boston-based 1st Circuit (formerly handled by Breyer). Each justice reviews emergency appeals from the regions covered by his or her circuits. (Controversial cases usually get referred to the full court.)
Today at SCOTUS: The justices meet privately for their annual "long conference" to review cert petitions that have rolled in over the summer. They'll also likely discuss the status of the Dobbs leak investigation and whether to continue live audio of oral arguments this term.
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.