|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|20A105||10th Cir.||TBD||TBD||TBD||TBD||OT 2021|
Issue: Whether the Supreme Court should temporarily suspend, pending appeal, a Colorado regulation that caps attendance at houses of worship at 50 people in light of the COVID-19 pandemic as an unconstitutional infringement on the right to free exercise of religion under the First Amendment.
|Date||Proceedings and Orders |
|Dec 04 2020||Application (20A105) for injunctive relief, submitted to Justice Gorsuch.|
|Dec 04 2020||Response to application (20A105) requested by Justice Gorsuch, due Wednesday, December 9, by 4 p.m. ET.|
|Dec 04 2020||Exhibits of High Plains Harvest Church, et al. not accepted for filing. (February 03, 2021)|
|Dec 09 2020||Response to application from respondents Jared Polis, et al. filed.|
|Dec 11 2020||Reply of applicants High Plains Harvest Church, et al. filed.|
|Dec 15 2020||Application (20A105) referred to the Court.|
|Dec 15 2020||The application for injunctive relief, presented to JUSTICE GORSUCH and by him referred to the Court, is treated as a petition for a writ of certiorari before judgment, and the petition is granted. The August 10 order of the United States District Court for the District of Colorado is vacated, and the case is remanded to the United States Court of Appeals for the Tenth Circuit with instructions to remand to the District Court for further consideration in light of Roman Catholic Diocese of Brooklyn v. Cuomo, 592 U. S. ___ (2020). JUSTICE KAGAN, with whom JUSTICE BREYER and JUSTICE SOTOMAYOR join, dissenting. (Detached opinion)|
|Jan 19 2021||JUDGMENT ISSUED.|
#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).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050