|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Issue: (1) Whether compelling a defendant to stand trial six times on the same charges, where three judgments were reversed due to prosecutorial misconduct and two other trials ended with hung juries, violates the Double Jeopardy Clause of the Fifth Amendment or the Due Process Clause of the Fourteenth Amendment; and (2) whether a prosecutor's history of adjudicated purposeful race discrimination must be considered when assessing the credibility of his proffered explanations for peremptory strikes against minority prospective jurors.
|Date||Proceedings and Orders |
|Jun 23 2015||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2015)|
|Jul 31 2015||Order extending time to file response to petition to and including August 28, 2015.|
|Sep 3 2015||Order further extending time to file response to petition to and including September 11, 2015.|
|Sep 11 2015||Brief of respondent Mississippi in opposition filed.|
|Sep 28 2015||Reply of petitioner Curtis Giovanni Flowers filed.|
|Oct 1 2015||DISTRIBUTED for Conference of October 16, 2015.|
|Oct 5 2015||Record Requested .|
|Oct 20 2015||Record received from the Supreme Court of Mississippi (3 boxes).|
|Oct 22 2015||DISTRIBUTED for Conference of November 6, 2015.|
|May 23 2016||DISTRIBUTED for Conference of May 26, 2016.|
|May 31 2016||DISTRIBUTED for Conference of June 2, 2016.|
|Jun 6 2016||DISTRIBUTED for Conference of June 9, 2016.|
|Jun 13 2016||DISTRIBUTED for Conference of June 16, 2016.|
|Jun 20 2016||Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Foster v. Chatman, 578 U. S. ___ (2016). Justice Alito, with whom Justice Thomas joins, dissenting from the decision to grant, vacate, and remand. (Detached Opinion)|
|Jun 22 2016||Record from the Supreme Court of Mississippi has been returned.|
|Jul 22 2016||MANDATE ISSUED|
|Jul 22 2016||JUDGMENT ISSUED|
#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