|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|20-997||3rd Cir.||N/A||N/A||N/A||N/A||OT 2021|
Issues: (1) Whether the U.S. Court of Appeals for the 3rd Circuit’s decision to exercise jurisdiction over an appeal of the District Court’s denial of qualified immunity on a motion for summary judgment is in conflict with Johnson v. Jones and its own precedent; (2) whether the 3rd Circuit’s ruling that inexplicably deviates from the 3rd Circuit’s precedent in Bennett v. Murphy is an error of law; (3) whether an officer who testifies that he was not in fear of his life or the lives of others nor did he feel threatened by Gibbons before fatally shooting a suspect is entitled to qualified immunity; and (4) whether the 3rd Circuit erred as a matter of law when it interpreted the Supreme Court’s holdings in White v. Pauly and Kisela v. Hughes as creating a new standard of review to the established law when it granted Bartelt absolute immunity for his use of deadly force against a suicidal suspect.
|Date||Proceedings and Orders |
|Jan 04 2021||Petition for a writ of certiorari filed. (Response due February 25, 2021)|
|Feb 17 2021||Waiver of right of respondent Noah Bartelt to respond filed.|
|Mar 10 2021||DISTRIBUTED for Conference of 3/26/2021.|
|Mar 12 2021||Response Requested. (Due April 12, 2021)|
|Mar 19 2021||Motion to extend the time to file a response from April 12, 2021 to May 12, 2021, submitted to The Clerk.|
|Mar 22 2021||Motion to extend the time to file a response is granted and the time is extended to and including May 12, 2021.|
|May 12 2021||Brief of respondent Noah Bartelt in opposition filed.|
|Jun 01 2021||DISTRIBUTED for Conference of 6/17/2021.|
|Jun 17 2021||Record Requested.|
|Jun 21 2021||DISTRIBUTED for Conference of 6/24/2021.|
|Jun 23 2021||Record received from the U.S.D.C. District of New Jersey (sealed documents received electronically). The remaining record is available on PACER.|
|Jun 28 2021||Record received from the U.S.C.A. Third Circuit (1 envelope). The remaining record is available on PACER.|
|Jul 01 2021||DISTRIBUTED for Conference of 7/1/2021.|
|Sep 17 2021||DISTRIBUTED for Conference of 9/27/2021.|
|Oct 04 2021||Petition DENIED. Justice Sotomayor, dissenting from denial of certiorari. (Detached Opinion)|
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.