|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-9082||9th Cir.||N/A||N/A||N/A||N/A||OT 2018|
Issue: Whether the rule of Apprendi v. New Jersey–which held that any fact, other than a prior conviction, that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt–should apply to the imposition of criminal restitution.
|Date||Proceedings and Orders |
|May 21 2018||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 25, 2018)|
|Jun 04 2018||Waiver of right of respondent United States to respond filed.|
|Jun 14 2018||DISTRIBUTED for Conference of 9/24/2018.|
|Jul 13 2018||Response Requested. (Due August 13, 2018)|
|Aug 08 2018||Motion to extend the time to file a response from August 13, 2018 to September 12, 2018, submitted to The Clerk.|
|Aug 09 2018||Motion to extend the time to file a response is granted and the time is extended to and including September 12, 2018.|
|Sep 04 2018||Motion to extend the time to file a response from September 12, 2018 to October 12, 2018, submitted to The Clerk.|
|Sep 05 2018||Motion to extend the time to file a response is granted and the time is further extended to and including October 12, 2018.|
|Oct 12 2018||Brief of respondent United States in opposition filed.|
|Oct 17 2018||Reply of petitioners Marco Luis, et al. filed.|
|Oct 25 2018||DISTRIBUTED for Conference of 11/9/2018.|
|Nov 06 2018||Rescheduled.|
|Nov 13 2018||DISTRIBUTED for Conference of 11/16/2018.|
|Nov 26 2018||DISTRIBUTED for Conference of 11/30/2018.|
|Dec 03 2018||DISTRIBUTED for Conference of 12/7/2018.|
|Dec 20 2018||DISTRIBUTED for Conference of 1/4/2019.|
|Jan 07 2019||Petition DENIED. Justice Alito, concurring in the denial of certiorari. Justice Gorsuch, with whom Justice Sotomayor joins, dissenting from the denial of certiorari. (Detached Opinion)|
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).