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Gutierrez v. Collier

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
19-8695 5th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether, under the Religious Land Use and Institutionalized Persons Act, the state’s decision to deprive Mr. Gutierrez of the opportunity to be accompanied during his execution by a religious adviser employed by the prison substantially burdens the exercise of his religion, requiring the state to justify the deprivation as the least restrictive means of advancing a compelling governmental interest; and (2) whether, for purposes of the free exercise clause, the state’s blanket policy of denying all prisoners the aid of a religious adviser at the time of the execution—adopted for the acknowledged purpose of avoiding the obligation to allow such a minister to a Buddhist prisoner—burdens Mr. Gutierrez’s exercise of religion without legitimate justification.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 15 2020Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2020)
Jun 15 2020Application (19A1052) for a stay of execution of sentence of death, submitted to Justice Alito.
Jun 15 2020Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Texas Catholic Conference of Bishops.
Jun 15 2020Brief of respondents Bryan Collier, et al. in opposition filed.
Jun 16 2020Reply of petitioner Ruben Gutierrez filed.
Jun 16 2020Application (19A1052) referred to the Court.
Jun 16 2020Application (19A1052) granted by the Court. The application for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. The District Court should promptly determine, based on whatever evidence the parties provide, whether serious security problems would result if a prisoner facing execution is permitted to choose the spiritual adviser the prisoner wishes to have in his immediate presence during the execution.
 
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