|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-9572||Miss.||Mar 20, 2019||Jun 21, 2019||7-2||Kavanaugh||OT 2018|
Holding: The trial court at Curtis Flowers’ sixth murder trial committed clear error in concluding that the state’s peremptory strike of a particular black prospective juror was not motivated in substantial part by discriminatory intent.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Kavanaugh on June 21, 2019. Justice Alito filed a concurring opinion. Justice Thomas filed a dissenting opinion, in which Justice Gorsuch joined as to Parts I, II, and III.
|Date||Proceedings and Orders |
|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.|
|Jun 21 2019||Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Alito, J., filed a concurring opinion. Thomas, J., filed a dissenting opinion, in which Gorsuch, J., joined as to Parts I, II, and III.|
|Jul 23 2019||MANDATE ISSUED.|
|Jul 23 2019||JUDGMENT ISSUED.|
|Nov 06 2019||MANDATE ISSUED.|
Justice Alito will give a speech Thursday at Notre Dame on the shadow docket. At his request, the speech will not be publicly livestreamed or recorded.
Justices Barrett & Thomas also gave recent speeches with no livestream (though video of Thomas' was released after the fact).
When Alito gives a speech Thursday at Notre Dame on the Supreme Court's shadow docket, there will be no livestream or recording. I've confirmed with Notre Dame officials that it was Alito who requested those restrictions.
(To be clear, members of the press can attend in person.) https://twitter.com/KelloggInst/status/1442857286423228430
Just in: New COVID procedures (including PCR tests) for lawyers in advance of the Supreme Court's return to in-person arguments next week.
With less than a week to go b/4 #SCOTUS returns to the courtroom, the Court has posted COVID-19 protocols for lawyers arguing this fall, including a new pre-argument tradition: COVID testing. Full document is here: https://www.supremecourt.gov/announcements/Fall_2021_argument_COVID_protocols.pdf
New at SCOTUS: Rick Allen Rhoades, who is set to be executed tomorrow evening in Texas, asks the justices for an emergency stay. Rhoades argues that he has been denied access to trial records that would help him investigate whether the jury selection was tainted by racial bias.
One week from today, the court will begin its new term and the justices will return to the courtroom for the first time since the pandemic hit. Time to dust off those robes and get ready for the first day. Here's our new banner, "back to school" edition, from @Courtartist.
The justices are meeting privately today for their "long conference." Thousands of cert petitions have rolled in over the summer, and the justices use today's conference to discuss which ones they should take up. Here are all the petitions we're watching:
Supreme Court Petitions - ScotusBlog
Comprehensive list of U.S. Supreme Court Petitions including issues, docket, opinions, proceedings, orders, and more.