|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-1143||9th Cir.||N/A||N/A||N/A||N/A||OT 2020|
Issues: (1) Whether the U.S. Court of Appeals for the 9th Circuit correctly holds that tribal jurisdiction over nonmembers is established whenever an exception under Montana v. United States is met, or whether, as the U.S. Courts of Appeals for the 7th and 8th Circuits have held, a court must also determine that the exercise of such jurisdiction stems from the tribe’s inherent authority to set conditions on entry, preserve tribal self-government or control internal relations; and (2) whether the 9th Circuit has construed the Montana exceptions to swallow the general rule that tribes lack jurisdiction over nonmembers. CVSG: 12/9/2020.
|Date||Proceedings and Orders |
|Mar 16 2020||Petition for a writ of certiorari filed. (Response due April 17, 2020)|
|Apr 03 2020||Motion to extend the time to file a response from April 17, 2020 to May 20, 2020, submitted to The Clerk.|
|Apr 06 2020||Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2020.|
|Apr 17 2020||Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.|
|Apr 17 2020||Brief amicus curiae of Retail Litigation Center, Inc. filed.|
|May 20 2020||Brief of respondent Shoshone-Bannock Tribes in opposition filed.|
|Jun 09 2020||DISTRIBUTED for Conference of 6/25/2020.|
|Jun 09 2020||Reply of petitioner FMC Corporation filed. (Distributed)|
|Jun 29 2020||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|Dec 09 2020||Brief amicus curiae of United States filed.|
|Dec 23 2020||DISTRIBUTED for Conference of 1/8/2021.|
|Dec 23 2020||Supplemental brief of petitioner FMC Corporation filed. (Distributed)|
|Jan 11 2021||Petition DENIED.|
Monday's decision rejecting sentence reductions for low-level crack-cocaine offenders may have been unanimous, but @ekownyankah writes that there is far more going on than the ruling's dry textual analysis might indicate. Read his incisive analysis here:
After decades, Congress reduced the racially unjust crack/cocaine disparity... raising amounts required for prison time. Why would Congress have left small time dealers to rot in prison for decades?
My thoughts on SCOTUS's ruling in Terry v. United States:https://www.scotusblog.com/2021/06/unanimous-ruling-on-crack-cocaine-disparity-is-heavy-on-text-light-on-history/
No more SCOTUS opinions for today. There are 18 cases still outstanding from the current term, including disputes over Obamacare, religious rights and voting rights. The next opinion day that we know of is Thursday.
SCOTUS rules 9-0 that people convicted of certain low-level crack-cocaine offenses are not eligible for re-sentencing under the First Step Act, a 2018 law that made some criminal-justice reforms retroactive. Here is the opinion in Terry v. United States. https://www.supremecourt.gov/opinions/20pdf/20-5904_i4dk.pdf
SCOTUS sides with the gov in 2 cases about whether certain criminal defendants are entitled to new trials / new plea hearings as a result of the court's 2019 ruling in Rehaif v. United States which narrowed a federal law barring people with felony convictions from possessing guns
In a relatively quiet Monday morning order list, SCOTUS takes up no new cases. But it does invite the federal government to submit a brief on the pending petition that asks the justices to take up a challenge to Harvard's affirmative action policy. https://www.supremecourt.gov/orders/courtorders/061421zor_6j36.pdf
The Supreme Court will release orders at 9:30 a.m. ET followed by opinion(s?) at 10:00.
There are 21 opinions outstanding including Obamacare, LGBTQ+ rights vs. religious liberty, and student speech.
We’ll crank up the live blog at 9:25. Join us!
Announcement of orders and opinions for Monday, June 14 - SCOTUSblog
We will be live blogging on Monday, June 14, as the court releases orders from the June 10 conference and one ...
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