|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-1193||6th Cir.||N/A||N/A||N/A||N/A||OT 16|
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.
Issue: (1) Whether a court must categorically deny a Federal Rule of Civil Procedure 60(b)(6) motion premised on the change in decisional law produced by Martinez v. Ryan; and (2) whether the Sixth Circuit's decision to deny even a certificate of appealability in this case should be summarily reversed.
|Date||Proceedings and Orders |
|Jan 14 2016||Application (15A738) to extend the time to file a petition for a writ of certiorari from January 26, 2016 to February 25, 2016, submitted to Justice Kagan.|
|Jan 15 2016||Application (15A738) granted by Justice Kagan extending the time to file until February 25, 2016.|
|Feb 15 2016||Application (15A738) to extend further the time from February 25, 2016 to March 25, 2016, submitted to Justice Kagan.|
|Feb 17 2016||Application (15A738) granted by Justice Kagan extending the time to file until March 25, 2016.|
|Mar 22 2016||Petition for a writ of certiorari filed. (Response due April 22, 2016)|
|Apr 22 2016||Brief amici curiae of Former Federal District Judges filed.|
|Apr 22 2016||Brief of respondent Wayne Carpenter, Warden in opposition filed.|
|Apr 22 2016||Brief amicus curiae of National Association of Criminal Defnese Lawyers filed. (Distributed)|
|Apr 26 2016||DISTRIBUTED for Conference of May 12, 2016.|
|Apr 26 2016||Reply of petitioner Donnie E. Johnson filed. (Distributed)|
|May 16 2016||DISTRIBUTED for Conference of May 19, 2016.|
|May 23 2016||DISTRIBUTED for Conference of May 26, 2016.|
|May 31 2016||DISTRIBUTED for Conference of June 2, 2016.|
|Feb 22 2017||DISTRIBUTED for Conference of February 24, 2017.|
|Feb 23 2017||Letter of February 22, 2017 from counsel for petitioner received.|
|Feb 27 2017||Petition DENIED.|
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).