|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|14-7505||Fla.||Oct 13, 2015||Jan 12, 2016||8-1||Sotomayor||OT 2015|
Holding: Florida's capital-sentencing scheme, in which a jury renders an “advisory sentence” but a judge must independently weigh the aggravating and mitigating factors before entering a sentence of life or death, violates the Sixth Amendment in light of the Court's decision in Ring v. Arizona, which deemed unconstitutional an Arizona capital sentencing scheme that permitted a judge rather than the jury to find the facts necessary to sentence a defendant to death.
Judgment: Reversed and remanded, 8-1, in an opinion by Justice Sotomayor on January 12, 2016. Justice Breyer filed an opinion concurring in the judgment. Justice Alito filed a dissenting opinion.
|Date||Proceedings and Orders |
|Dec 3 2014||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 12, 2015)|
|Jan 12 2015||Brief of respondent Florida in opposition filed.|
|Jan 29 2015||DISTRIBUTED for Conference of February 20, 2015.|
|Feb 16 2015||MANDATE ISSUED|
|Feb 23 2015||DISTRIBUTED for Conference of February 27, 2015.|
|Mar 2 2015||DISTRIBUTED for Conference of March 6, 2015.|
|Mar 9 2015||Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to the following question: Whether Florida's death sentencing scheme violates the Sixth Amendment or the Eighth Amendment in light of this Court's decision in Ring v. Arizona, 536 U.S. 584 (2002).|
|Apr 7 2015||The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 28, 2015.|
|Apr 7 2015||The time to file respondent's brief on the merits is extended to and including July 29, 2015.|
|May 28 2015||Joint appendix filed (3 volumes). (Statement of costs filed.)|
|May 28 2015||Brief of petitioner Timothy Lee Hurst filed.|
|Jun 4 2015||Brief amicus curiae of American Bar Association filed.|
|Jun 4 2015||Brief amici curiae of Former Justices of the Supreme Court of Florida filed.|
|Jun 4 2015||Brief amici curiae of Former Florida Circuit Court Judges filed.|
|Jun 4 2015||Brief amici curiae of American Civil Liberties Union, et al. filed.|
|Jul 29 2015||SET FOR ARGUMENT on Tuesday, October 13, 2015.|
|Jul 29 2015||Brief of respondent Florida filed.|
|Aug 5 2015||Brief amici curiae of Alabama and Montana filed. (Distributed)|
|Aug 7 2015||CIRCULATED.|
|Aug 12 2015||Record requested from the Supreme Court of Florida.|
|Aug 25 2015||Record received from the Supreme Court of Florida. 1 Box.|
|Aug 28 2015||Reply of petitioner Timothy Lee Hurst filed. (Distributed)|
|Oct 13 2015||Argued. For petitioner: Seth P. Waxman, Washington, D. C. For respondent: Allen Winsor, Solicitor General, Tallahassee, Fla.|
|Jan 12 2016||Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Ginsburg, and Kagan, JJ., joined. Breyer, J., filed an opinion concurring in the judgment. Alito, J., filed a dissenting opinion.|
|Feb 16 2016||JUDGMENT ISSUED|
|Feb 16 2016||MANDATE ISSUED|
|Feb 22 2016||Record returned to the Supreme Court of Florida.|
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).