Flowers v. Mississippi

Editor's Note :

Flowers v. Mississippi

Academic highlight: The states arguing as amici curiae in the Supreme Court – Dan Schweitzer

Relist Watch – John Elwood

Ask the author: “So Long, Earl” – Andrew Hamm

SCOTUSblog Coverage

SCOTUSblog Coverage

Featured Posts

Sponsored by Casetext

SCOTUStalk see all

Email Digest Sign-Up

Merits Case Pages and Archives

Major Cases

Recent Decisions

Current Relists

Recent Special Features

Live Blog Archives

May 2019

Merits Docket OT18 (May 13, 2019)

Majority Opinions by Author

Merits Cases by Sitting

Voting Breakdown Argued Cases

Majority Lineup 5-4 Decisions

Download our App in the Apple Store

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award

Conference of May 16, 2019

Enter your email address to subscribe to updates to this case (by doing so, you are accepting the terms in our privacy policy):

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-9572	Miss.	Mar 20, 2019 Tr.Aud.	TBD	TBD	TBD	OT 2018

Issue: Whether the Mississippi Supreme Court erred in how it applied Batson v. Kentucky in this case.

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims (Amy Howe)
A “view” from the courtroom: Trials of Mississippi (Mark Walsh)
Argument preview: Justices to weigh allegations of racial discrimination in jury selection (Amy Howe)
OT2018 #7: "Now Who's the Legal Realist?" (First Mondays)
Busy afternoon at the Supreme Court: Six grants and one reargument order, but no stay in census dispute (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Apr 30 2018	Application (17A1205) to extend the time to file a petition for a writ of certiorari from May 23, 2018 to July 7, 2018, submitted to Justice Alito.
May 02 2018	Application (17A1205) granted by Justice Alito extending the time to file until June 22, 2018.
Jun 22 2018	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2018)
Jul 17 2018	Motion to extend the time to file a response from July 26, 2018 to August 27, 2018, submitted to The Clerk.
Jul 20 2018	Motion to extend the time to file a response is granted and the time is extended to and including August 27, 2018.
Jul 26 2018	Brief amici curiae of Magnolia Bar Association, Mississippi Center for Justice, and Innocence Project New Orleans filed.
Aug 20 2018	Motion to extend the time to file a response from August 27, 2018 to September 26, 2018, submitted to The Clerk.
Aug 23 2018	Motion to extend the time to file a response is granted and the time is further extended to and including September 26, 2018.
Sep 27 2018	Brief of respondent Mississippi in opposition filed.
Oct 09 2018	Reply of petitioner Curtis Flowers filed. (Distributed)
Oct 11 2018	DISTRIBUTED for Conference of 10/26/2018.
Oct 29 2018	DISTRIBUTED for Conference of 11/2/2018.
Nov 02 2018	Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to the following question: Whether the Mississippi Supreme Court erred in how it applied Batson v. Kentucky, 476 U. S. 79 (1986), in this case.
Nov 20 2018	Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.
Nov 27 2018	Motion to extend the time to file the joint appendix and petitioner's brief on the merits granted and the time is extended to and including December 27, 2018.
Dec 27 2018	Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
Dec 27 2018	Joint appendix filed (2 Volumes). (Statement of costs filed)
Dec 27 2018	Brief of petitioner Curtis Flowers filed.
Jan 03 2019	Brief amici curiae of Former Justice Department Officials filed.
Jan 08 2019	Motion of respondent for an extension of time filed.
Jan 15 2019	Motion to extend the time to file respondent's brief on the merits is granted to and including February 7, 2019.
Jan 25 2019	SET FOR ARGUMENT on Wednesday, March 20, 2019
Feb 07 2019	Brief of respondent State of Mississippi filed.
Feb 14 2019	CIRCULATED
Feb 26 2019	Record received from the Supreme Court of Mississippi is electronic and complete.
Mar 07 2019	Reply of petitioner Curtis Flowers filed. (Distributed)
Mar 20 2019	Argued. For petitioner: Sheri Lynn Johnson, Ithaca, N. Y. For respondent: Jason Davis, Special Assistant Attorney General, Jackson, Miss.

Featured Posts

Academic highlight: The states arguing as amici curiae in the Supreme Court – Dan Schweitzer

Relist Watch – John Elwood

Ask the author: “So Long, Earl” – Andrew Hamm
Sponsored by Casetext
SCOTUStalk see all
Email Digest Sign-Up
Receive a daily email digest from Feedburner by entering your email.
Merits Case Pages and Archives

Archives

or

This Week at the Court
The Supreme Court will release orders from the May 16 conference on Monday at 9:30 a.m.; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Monday at 10 a.m.
On Thursday, the justices meet for their May 23 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Apple Inc. v. Pepper Respondents, who purchased apps for their iPhones though Apple’s App Store, were direct purchasers from Apple under Illinois Brick Co. v. Illinois and may sue Apple for allegedly monopolizing the retail market for the sale of iPhone apps.
- Cochise Consultancy Inc. v. United States, ex rel. Hunt The limitations period in 31 U.S.C. §3731(b)(2) -- which provides that a False Claims Act action must be brought within three years after the “the official of the United States charged with responsibility to act in the circumstances” knew or should have known the relevant facts, but not more than 10 years after the violation -- applies in a qui tam suit in which the federal government has declined to intervene; the relator in a nonintervened suit is not “the official of the United States” whose knowledge triggers §3731(b)(2)’s limitations period.
- Franchise Tax Board of California v. Hyatt Nevada v. Hall is overruled; states retain their sovereign immunity from private suits brought in courts of other states.
see all this term’s cases »
Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

see all »
Live Blog Archives
See all
Twitter Feed

Tweets by @SCOTUSblog

Full Calendar Submit Event

Orders/Opinions
Arguments
Conferences

Events
Holidays
Multiple

Merits Docket OT18 (May 13, 2019)
Majority Opinions by Author
Merits Cases by Sitting
Voting Breakdown Argued Cases
Majority Lineup 5-4 Decisions
Download our App in the Apple Store
Videos see all

Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

9
Conference

13
Orders
Opinions

16
Conference

20
Orders
Opinions

23
Conference

30
Conference