|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|10-9647||Ark. S. Ct.||Jun 25, 2012||TBD||Kagan||OT 2011|
Holding: The Eighth Amendment prohibits a sentencing scheme that requires life in prison without the possibility of parole for juvenile homicide offenders.
Plain English Summary: In a series of decisions dating back to 1988, the Supreme Court has repeatedly ruled that youths under age 18 who commit crimes must not necessarily get as severe a punishment as adults who committed the same kind of crimes. Among other rulings, the Court has forbidden the death penalty for minors who commit murders, and it has barred a sentence of life in prison without a chance of release for minors who commit crimes in which the victim is not killed. In this new ruling, the Court avoiding imposing such a flat ban on life without parole for a minor who commits murder, but it did rule out such a sentence as a mandatory requirement in all such cases. It said, though, that it does not expect very many youths under age 18 to get such a sentence that essentially would require them to stay in prison until they die.
Judgment: Reversed and remanded, in an opinion by Justice Kagan on June 25, 2012. Justice Breyer filed a concurring opinion, in which Justice Sotomayor joined. Chief Justice Roberts filed a dissenting opinion, in which Justices Scalia, Thomas and Alito joined. Justice Thomas filed a dissenting opinion, in which Justice Scalia joined. Justice Alito filed a dissenting opinion, in which Justice Scalia joined.
Merits Briefs for the Petitioner
Amicus Briefs in Support of the Petitioner
Merits Brief for the Respondent
Amicus Briefs in support of the respondent
Having covered the Supreme Court for six decades, @lylden has seen a lot of changes at 1 First Street. In the latest piece in our series on the post-COVID court, Lyle examines how the court's pandemic operations could spur permanent reform.
How has COVID-19 changed the Supreme Court? And are any of those changes worth keeping? Today we launch a symposium examining those questions.
First up, a piece from @stevenmazie on how to reform oral arguments after the pandemic.
The court after COVID: A recipe for oral argument reform - SCOTUSblog
The Supreme Court has not yet announced whether it will return to normal operations when the 2021-22 term begins ...
NEW shadow-docket case: New York landlords ask SCOTUS for an emergency order to prevent the state from continuing to enforce its COVID-related eviction moratorium. They say the moratorium "runs roughshod" over their constitutional rights.
Filing here: https://www.scotusblog.com/wp-content/uploads/2021/07/21A8-1.pdf
New on the shadow docket: Florida seeks an emergency order blocking CDC policies that substantially limit cruise ships from sailing.
Florida asks #SCOTUS to block, pending appeal, CDC restrictions imposed on cruise industry b/c of COVID-19 pandemic: https://www.scotusblog.com/wp-content/uploads/2021/07/21A5.pdf
NEW: Mississippi formally asks the Supreme Court to overturn its landmark abortion case, Roe v. Wade, in latest court filing. https://www.supremecourt.gov/DocketPDF/19/19-1392/184703/20210722161332385_19-1392BriefForPetitioners.pdf
Biden’s SCOTUS reform commission met yesterday and discussed several reform ideas including adding justices and adopting a formal code of ethics.
Term limits emerged as a popular idea. But how to implement it — via statute or constitutional amendment?
Term limits emerge as popular proposal at latest meeting of court-reform commission - SCOTUSblog
The Presidential Commission on the Supreme Court reconvened on Tuesday to hear from a new set of experts on vari...
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