|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-646||11th Cir.||Dec 6, 2018||Jun 17, 2019||7-2||Alito||OT 2018|
Holding: The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
Judgment: Affirmed, 7-2, in an opinion by Justice Alito on June 17, 2019. Justice Thomas filed a concurring opinion. Justice Ginsburg and Justice Gorsuch filed dissenting opinions.
|Date||Proceedings and Orders |
|Oct 24 2017||Petition for a writ of certiorari filed. (Response due December 4, 2017)|
|Nov 30 2017||Motion to extend the time to file a response from December 4, 2017 to January 3, 2018, submitted to The Clerk.|
|Nov 30 2017||Order extending time to file response to petition to and including January 3, 2018.|
|Dec 04 2017||Brief amici curiae of Constitutional Accountability Center and Cato Institute filed.|
|Dec 26 2017||Motion to extend the time to file a response from January 3, 2018 to February 2, 2018, submitted to The Clerk.|
|Dec 28 2017||Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2018.|
|Jan 16 2018||Brief of respondent United States in opposition filed.|
|Jan 30 2018||Reply of petitioner Terance Gamble filed.|
|Mar 21 2018||DISTRIBUTED for Conference of 4/13/2018.|
|Apr 16 2018||DISTRIBUTED for Conference of 4/20/2018.|
|Apr 23 2018||DISTRIBUTED for Conference of 4/27/2018.|
|May 07 2018||DISTRIBUTED for Conference of 5/10/2018.|
|May 14 2018||DISTRIBUTED for Conference of 5/17/2018.|
|May 21 2018||DISTRIBUTED for Conference of 5/24/2018.|
|May 29 2018||DISTRIBUTED for Conference of 5/31/2018.|
|Jun 04 2018||DISTRIBUTED for Conference of 6/7/2018.|
|Jun 11 2018||DISTRIBUTED for Conference of 6/14/2018.|
|Jun 18 2018||DISTRIBUTED for Conference of 6/21/2018.|
|Jun 27 2018||DISTRIBUTED for Conference of 6/27/2018.|
|Jun 28 2018||Petition GRANTED.|
|Jul 23 2018||Motion for an extension of time to file the opening briefs on the merits filed.|
|Aug 01 2018||Motion for an extension of time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 4, 2018. The time to file respondent's brief on the merits is extended to and including October 25, 2018.|
|Sep 04 2018||Joint appendix filed. (Statement of costs filed)|
|Sep 04 2018||Brief of petitioner Terance Gamble filed.|
|Sep 07 2018||Brief amicus curiae of Howard University School of Law Thurgood Marshall Civil Rights Center in support of neither party filed.|
|Sep 10 2018||Brief amici curiae of Law Professors filed.|
|Sep 11 2018||Brief amici curiae of U.S. Navy-Marine Corps Appellate Defense Division, et al. filed.|
|Sep 11 2018||Brief amicus curiae of Senator Orrin Hatch filed.|
|Sep 11 2018||Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.|
|Sep 11 2018||Brief amici curiae of Constitutional Accountability Center, et al. filed.|
|Sep 11 2018||Brief amici curiae of Criminal Procedure Professors Stephen E. Henderson, et al. filed.|
|Sep 11 2018||Brief amici curiae of Criminal Defense Experts filed.|
|Sep 11 2018||Brief amicus curiae of The Rutherford Institute filed.|
|Oct 09 2018||SET FOR ARGUMENT on Wednesday, December 5, 2018|
|Oct 15 2018||Record requested from U.S.C.A. 11th Circuit.|
|Oct 18 2018||Record received from the U.S.D.C. Southern Dist. of Alabama is electronic and located on PACER.|
|Oct 19 2018||CIRCULATED|
|Oct 25 2018||Brief of respondent United States filed. (Distributed)|
|Oct 29 2018||Record received from the U.S.C.A. 11th Circuit is electronic, complete and located on PACER.|
|Nov 01 2018||Brief amici curiae of National Indigenous Women's Resource Center et al. filed. (Distributed)|
|Nov 01 2018||Brief amici curiae of Texas, et al. filed. (Distributed)|
|Nov 01 2018||Brief amici curiae of National Association of Counties, et al. filed. (Distributed)|
|Nov 01 2018||Motion for leave to participate in oral argument as amici curiae and for enlargement of time for oral argument filed by Texas, et al.|
|Nov 05 2018||Opposition of petitioner to motion of Texas, et al., filed.|
|Nov 06 2018||Response of respondent to motion of Texas, et al., filed.|
|Nov 06 2018||Reply of Texas, et al. in support of motion, filed.|
|Nov 19 2018||Motion of Texas, et al. for leave to participate in oral argument as amici curiae and for enlargement of time for oral argument is GRANTED and the time is allotted as follows: 40 minutes for the petitioner, 30 minutes for the respondent, and 10 minutes for Texas, et al.|
|Nov 20 2018||Letter of respondent United States filed. (Distributed)|
|Nov 21 2018||Reply of petitioner Terance Gamble filed. (Distributed)|
|Dec 03 2018||RESCHEDULED FOR ARGUMENT ON Thursday, December 6, 2018|
|Dec 06 2018||Argued. For petitioner: Louis A. Chaiten, Cleveland, Ohio. For respondent: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Texas, et al., as amici curiae: Kyle D. Hawkins, Texas Solicitor General, Austin, Tex.|
|Jun 17 2019||Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion. Ginsburg, J., and Gorsuch, J., filed dissenting opinions.|
|Jul 19 2019||JUDGMENT ISSUED.|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#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).