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Gutierrez v. Saenz

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Petition for certiorari granted. The June 12, 2020 order of the U.S. Court of Appeals for the 5th Circuit granting the motion to vacate the stay of execution previously issued by the U.S. District Court for the Southern District of Texas is vacated, and the case is remanded to the 5th Circuit with instructions to remand the case to the district court for further and prompt consideration of the merits of petitioner’s underlying claims regarding the presence of a spiritual advisor in the execution chamber in light of the district court’s November 24, 2020 findings of fact.
Docket No. Op. Below Argument Opinion Vote Author Term
19-8695 5th Cir. N/A N/A N/A N/A OT 2020

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.
Jun 25 2020DISTRIBUTED for Conference of 9/29/2020.
Aug 10 2020Rescheduled.
Oct 05 2020DISTRIBUTED for Conference of 10/9/2020.
Oct 05 2020Rescheduled.
Oct 13 2020DISTRIBUTED for Conference of 10/16/2020.
Oct 13 2020Rescheduled.
Oct 26 2020DISTRIBUTED for Conference of 10/30/2020.
Oct 26 2020Rescheduled.
Nov 02 2020DISTRIBUTED for Conference of 11/6/2020.
Nov 02 2020Rescheduled.
Nov 09 2020DISTRIBUTED for Conference of 11/13/2020.
Nov 10 2020Rescheduled.
Nov 16 2020DISTRIBUTED for Conference of 11/20/2020.
Nov 17 2020Rescheduled.
Nov 30 2020DISTRIBUTED for Conference of 12/4/2020.
Nov 30 2020Rescheduled.
Nov 30 2020Supplemental brief of petitioner Ruben Gutierrez filed. (Distributed)
Nov 30 2020Motion for Leave to File District Court's Order of Ruben Gutierrez not accepted for filing. (December 09, 2020)
Dec 07 2020DISTRIBUTED for Conference of 12/11/2020.
Dec 07 2020Rescheduled.
Dec 07 2020Supplemental brief of respondents Bryan Collier, et al. filed. (Distributed)
Jan 04 2021DISTRIBUTED for Conference of 1/8/2021.
Jan 11 2021DISTRIBUTED for Conference of 1/15/2021.
Jan 19 2021DISTRIBUTED for Conference of 1/22/2021.
Jan 25 2021The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The June 12, 2020 order of the United States Court of Appeals for the Fifth Circuit granting the motion to vacate the stay of execution previously issued by the United States District Court for the Southern District of Texas is vacated. The case is remanded to the Court of Appeals with instructions to remand the case to the District Court for further and prompt consideration of the merits of petitioner’s underlying claims regarding the presence of a spiritual advisor in the execution chamber in light of the District Court’s November 24, 2020 findings of fact. Although this Court’s stay of execution shall terminate upon the sending down of the judgment of this Court, the disposition of the petition for a writ of certiorari is without prejudice to a renewed application regarding a stay of execution should petitioner’s execution be rescheduled before resolution of his claims regarding the presence of a spiritual advisor in the execution chamber.
Feb 26 2021JUDGMENT ISSUED.