|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-1318||5th Cir.||Not Argued||Nov 10, 2014||TBD||Per Curiam||OT 2014|
Holding: The court of appeals erred in entering summary judgment against the petitioners, police officers who filed a lawsuit against the city where they worked, for failure to invoke 42 U.S.C. § 1983 in their complaint. Federal pleading rules do not countenance the dismissal of a complaint for imperfect statement of the legal theory supporting the claim. And in particular, no heightened pleading rule requires plaintiffs seeking damages for violations of constitutional rights to invoke § 1983 expressly in order to state a claim.
|Date||Proceedings and Orders |
|Apr 29 2014||Petition for a writ of certiorari filed. (Response due June 2, 2014)|
|May 21 2014||Order extending time to file response to petition to and including July 2, 2014.|
|Jul 2 2014||Brief of respondent City of Shelby, Mississippi in opposition filed.|
|Jul 16 2014||DISTRIBUTED for Conference of September 29, 2014.|
|Jul 16 2014||Reply memorandum of petitioners Tracey L. Johnson, and David James, Jr. filed. (Distributed)|
|Oct 6 2014||DISTRIBUTED for Conference of October 10, 2014.|
|Oct 14 2014||DISTRIBUTED for Conference of October 17, 2014.|
|Oct 27 2014||DISTRIBUTED for Conference of October 31, 2014.|
|Nov 3 2014||DISTRIBUTED for Conference of November 7, 2014.|
|Nov 10 2014||Petition GRANTED. Judgment REVERSED and case REMANDED. Opinion per curiam. (Detached Opinion)|
|Dec 12 2014||JUDGMENT ISSUED.|
#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).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050