|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|14-7955||10th Cir.||Apr 29, 2015||Jun 29, 2015||5-4||Alito||OT 2014|
Holding: The death-row inmates have failed to establish a likelihood of success on the merits of their claim that the use of midazolam, a sedative, as the first drug in Oklahoma’s lethal injection protocol violates the Eighth Amendment because it fails to render a person insensate to pain.
Judgment: Affirmed, 5-4, in an opinion by Justice Alito on June 29, 2015. Justice Scalia filed a concurring opinion, in which Justice Thomas joined. Justice Thomas filed a concurring opinion in which Justice Scalia joined. Justice Breyer filed a dissenting opinion, in which Justice Ginsburg joined. Justice Sotomayor filed a dissenting opinion, in which Justices Ginsburg, Breyer, and Kagan joined.
|Date||Proceedings and Orders |
|Jan 13 2015||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2015)|
|Jan 13 2015||Application (14A761) for stays of execution of sentences of death, submitted to Justice Sotomayor.|
|Jan 14 2015||Brief of respondent Kevin J. Gross, et al. in opposition filed.|
|Jan 14 2015||Response to application (14A761) from respondent Kevin J. Gross, et al. filed.|
|Jan 15 2015||Reply of petitioner Charles F. Warner, et al. filed.|
|Jan 15 2015||Reply of applicant Charles F. Warner, et al. filed.|
|Jan 15 2015||Application (14A761) referred to the Court.|
|Jan 15 2015||Application (14A761) denied by the Court. JUSTICE SOTOMAYOR, with whom JUSTICE GINSBURG, JUSTICE BREYER, and JUSTICE KAGAN join, dissents. (Detached Opinion)|
|Jan 20 2015||DISTRIBUTED for Conference of January 23, 2015.|
|Jan 23 2015||Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.|
|Jan 26 2015||Application (14A796) of Kevin J. Gross, et al. for stays of execution of sentences of death, submitted to Justice Sotomayor.|
|Jan 26 2015||Response in support of application filed.|
|Jan 28 2015||Application (14A796) referred to the Court.|
|Jan 28 2015||Application (14A796) granted by the Court. Respondents application for stays of execution of sentences of death presented to Justice Sotomayor and by her referred to the Court is granted and it is hereby ordered that petitioners executions using midazolam are stayed pending final disposition of this case.|
|Mar 4 2015||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners.|
|Mar 6 2015||SET FOR ARGUMENT ON Wednesday, April 29, 2015|
|Mar 6 2015||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents.|
|Mar 9 2015||Brief of petitioners Richard E. Glossip, et al. filed.|
|Mar 9 2015||Joint appendix filed.|
|Mar 9 2015||Joint motion for leave to file volume II of the joint appendix under seal with redacted copies for the public record filed.|
|Mar 11 2015||Motion DISTRIBUTED for Conference of March 27, 2015.|
|Mar 16 2015||Brief amicus curiae of Former State Attorneys General filed.|
|Mar 16 2015||Brief amicus curiae of National Association of Criminal Defense Lawyers filed.|
|Mar 16 2015||CIRCULATED.|
|Mar 16 2015||Brief amicus curiae of Louis Stein Center for Law and Ethics at Fordham University School of Law filed. (Distributed).|
|Mar 16 2015||Brief amicus curiae of National Consensus Project The Promise of Justice Initiative filed. (Distributed)|
|Mar 16 2015||Brief amicus curiae of The Innocence Project filed. (Distributed)|
|Mar 16 2015||Brief amicus curiae of National Catholic Reporter filed. (Distributed)|
|Mar 16 2015||Brief amici curiae of Sixteen Professors of Pharmacology in support of neither party filed. (Distributed)|
|Mar 16 2015||Brief amicus curiae of The Rutherford Institute filed. (Distributed)|
|Mar 16 2015||Motion rescheduled.|
|Mar 16 2015||Brief amicus curiae of Advocates for Human Rights filed. (Distributed).|
|Mar 17 2015||Record requested from U.S.C.A. 10th Circuit.|
|Mar 24 2015||Record received from U.S.C.A. 10th Circuit is electronic.|
|Apr 1 2015||Motion DISTRIBUTED for Conference of April 17, 2015.|
|Apr 8 2015||Brief of respondents Kevin J. Gross, et al. filed. (Distributed)|
|Apr 14 2015||Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)|
|Apr 15 2015||Brief amicus curiae of Florida filed. (Distributed)|
|Apr 15 2015||Brief amici curiae of Alabama, et al. filed. (Distributed)|
|Apr 20 2015||Motion for leave to file volume II of the joint appendix under seal with redacted copies for the public record GRANTED.|
|Apr 22 2015||Reply of petitioners Richard E. Glossip, et al. filed. (Distributed)|
|Apr 29 2015||Argued. For petitioners: Robin C. Konrad, Phoenix, Ariz. For respondents: Patrick R. Wyrick, Solicitor General, Oklahoma City, Okla.|
|May 13 2015||Letter from counsel for the respondent received. (Distributed)|
|Jun 4 2015||Letter from counsel for amici The National Consensus Project The Promise of Justice Initiative received.|
|Jun 29 2015||Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Scalia, J., filed a concurring opinion, in which Thomas, J., joined. Thomas, J., filed a concurring opinion, in which Scalia, J., joined. Breyer, J. filed a dissenting opinion, in which Ginsburg, J., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Kagan, JJ., joined.|
|Jul 24 2015||Petition for Rehearing filed.|
|Aug 6 2015||DISTRIBUTED.|
|Aug 28 2015||Rehearing DENIED.|
|Aug 28 2015||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).