Issues: (1) Whether a conviction for Florida robbery qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably require the use of “violent force,” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause, if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
|Date||Proceedings and Orders |
|Nov 09 2017||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 18, 2017)|
|Dec 12 2017||Motion to extend the time to file a response from December 18, 2017 to January 17, 2018, submitted to The Clerk.|
|Dec 13 2017||Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2018.|
|Jan 17 2018||Brief of respondent United States in opposition filed.|
|Feb 01 2018||DISTRIBUTED for Conference of 2/16/2018.|
|Feb 01 2018||Reply of petitioner Bobby Hardy filed. (Distributed)|
|Feb 09 2018||Rescheduled.|
|Mar 01 2018||DISTRIBUTED for Conference of 3/16/2018.|
|Mar 07 2018||Supplemental brief of petitioner Bobby Hardy filed. (Distributed)|
|Mar 19 2018||DISTRIBUTED for Conference of 3/23/2018.|
|Mar 19 2018||Second supplemental brief of petitioner Bobby Hardy filed. (Distributed)|
|Mar 26 2018||DISTRIBUTED for Conference of 3/29/2018.|
|Jan 15 2019||DISTRIBUTED for Conference of 1/18/2019.|
|Feb 04 2019||DISTRIBUTED for Conference of 2/15/2019.|
|Feb 19 2019||DISTRIBUTED for Conference of 2/22/2019.|
|Feb 25 2019||Petition DENIED.|
NEW: The Supreme Court declines to block the execution of Alabama prisoner Willie Smith, who is scheduled to be put to death by lethal injection tonight. No noted dissents, but Sotomayor adds a brief statement expressing concerns about Alabama's conduct.
NEW: Texas files its response to the Justice Department's emergency application asking the Supreme Court to block the state's six-week abortion ban.
Full brief is here: https://www.supremecourt.gov/DocketPDF/21/21A85/197064/20211021113524436_21A85_United%20States%20v.%20Texas_Opposition.pdf
Breyer is the third justice since August to turn away an emergency challenge to a vaccine mandate, without referring the issue to the full court. Earlier: Barrett declined to block Indiana University's mandate, and Sotomayor declined to block NYC's mandate for school employees.
Justice Stephen Breyer turns down request to block enforcement of Maine's COVID-19 vaccine mandate for healthcare workers, although he leaves open possibility that plaintiffs can return to #SCOTUS after the court of appeals acts: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/21a83.html
Where do things stand at the Supreme Court with the two pending challenges to the Texas anti-abortion law? Here's an explainer from @katieleebarlow in a Tik Tok minute.
#SCOTUS grants request by Texas abortion providers to fast-track consideration of petition for cert before judgment in challenge to SB8. Response from Texas is due by noon on Thursday -- same time as Texas's response to US filing today. Order is here: https://www.supremecourt.gov/orders/courtorders/101821zr1_2c8f.pdf
BREAKING: The Justice Department has filed its emergency application asking the Supreme Court to block Texas' six-week abortion ban.
The filing is here: https://www.supremecourt.gov/DocketPDF/21/21A85/196650/20211018120230336_US%20v.%20Texas%20application%20final.pdf
NEW: The Justice Department, as expected, says it plans to ask the Supreme Court to block enforcement of the Texas law that bans abortions after six weeks of pregnancy.