|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
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.|
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...