|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Issues: (1) Whether, in a means-of-execution suit, known and available alternatives are limited to those already provided in a statute an inmate is challenging; (2) whether an inmate pleads a known and available alternative by identifying an execution method – firing squad – that other states have used and that the state has admitted it can carry out; and (3) whether an inmate pleads a known and available alternative by identifying a lethal-injection drug and identifying vendors who currently sell it.
|Date||Proceedings and Orders |
|Oct 5 2016||Application (16A336) to extend the time to file a petition for a writ of certiorari from October 19, 2016 to November 18, 2016, submitted to Justice Alito.|
|Oct 6 2016||Response in opposition to application from respondents Wendy Kelley, Director, Arkansas Department of Correction, et al. filed.|
|Oct 7 2016||Application (16A336) denied by Justice Alito.|
|Oct 19 2016||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 21, 2016)|
|Nov 4 2016||Brief of respondents Wendy Kelley, Director, Arkansas Department of Correction, et al. in opposition filed.|
|Nov 15 2016||Reply of petitioners Stacey Johnson, et al. filed.|
|Nov 21 2016||Brief amicus curiae of The Louis Stein Center for Law and Ethics at Fordham University School of Law filed. (Distributed)|
|Nov 22 2016||DISTRIBUTED for Conference of December 9, 2016.|
|Dec 22 2016||Supplemental brief of petitioners Stacey Johnson, et al. filed.|
|Dec 27 2016||DISTRIBUTED for Conference of January 6, 2017.|
|Jan 9 2017||DISTRIBUTED for Conference of January 13, 2017.|
|Jan 17 2017||DISTRIBUTED for Conference of January 19, 2017.|
|Feb 6 2017||DISTRIBUTED for Conference of February 17, 2017.|
|Feb 14 2017||Second supplemental brief of petitioners Stacey Johnson, et al. filed. (Distributed)|
|Feb 14 2017||Amendment to the Second supplemental brief of petitioners Stacey Johnson, et al. filed. (Distributed)|
|Feb 21 2017||Petition DENIED Justice Sotomayor, with whom Justice Breyer joins, dissenting from the denial of certiorari: I dissent from the denial of certiorari for the reasons set out in Arthur v. Dunn, 580 U.S. ___ (2017) (Sotomayor, J., dissenting from denial of certiorari).|
|Mar 20 2017||Petition for Rehearing filed.|
|Mar 22 2017||DISTRIBUTED for Conference of April 13, 2017.|
|Apr 10 2017||Supplemental brief to the petition for rehearing filed. (Distributed)|
|Apr 12 2017||Rescheduled.|
|Apr 17 2017||DISTRIBUTED for Conference of April 21, 2017.|
|Apr 17 2017||Application (16A986) for a stay of execution of sentences of death, submitted to Justice Alito.|
|Apr 17 2017||Response to application from respondent Wendy Kelley, Director, Arkansas Department of Correction, et al. filed.|
|Apr 18 2017||Reply of applicant Stacey Johnson, et al. filed.|
|Apr 20 2017||Application (16A986) referred to the Court.|
|Apr 20 2017||Application (16A986) denied by the Court. Justice Breyer, Justice Sotomayor, and Justice Kagan would grant the application for stay of execution. Justice Breyer dissenting from the denial of the application for stay: I dissent from the denial of certiorari for the reasons set out in McGehee v. Hutchinson, 580 U.S. __ (2017).|
|Apr 24 2017||Rehearing DENIED. Justice Sotomayor would grant the petition for rehearing.|
Cecilia (Cissy) Suyat Marshall, the widow of Thurgood Marshall, died this morning at 94. Here is the court's announcement.
BREAKING: The Supreme Court REJECTS Trump's bid to prevent the House Ways & Means Committee from obtaining his tax returns. No noted dissents.
The brief order may end years of litigation over the committee's efforts to review the tax records of Trump and his businesses.
JUST IN: Whisky, dog toys... and trademark law.
SCOTUS has agreed to hear a dispute between Jack Daniel's and a company that makes squeaking "Bad Spaniels" dog toys. The case will have implications for the tension between parody & intellectual property. https://www.supremecourt.gov/orders/courtorders/112122zr_e1p3.pdf
In a quiet Monday morning order list, SCOTUS adds no new cases to its docket. The court will not hear Brooks v. Abbott, a challenge to an alleged racial gerrymander of a state senate district in Texas. Here's the full order list: https://www.supremecourt.gov/orders/courtorders/112122zor_7lhn.pdf
JUST IN: The Biden administration, as expected, asks the Supreme Court to revive Biden's student-loan relief plan. The U.S. Court of Appeals for the 8th Circuit blocked the government from implementing the plan; Biden wants SCOTUS to lift that ruling. https://www.scotusblog.com/wp-content/uploads/2022/11/22A444-2.pdf
JUST IN: The Supreme Court DENIES Arizona GOP chair Kelli Ward's bid to block the Jan. 6 committee from reviewing her phone records. Clarence Thomas and Samuel Alito dissent from the court's brief, unexplained order denying Ward's request.
NEW: Another fight on the shadow docket over a subpoena seeking information about election interference. Arizona GOP chairwoman Kelli Ward is asking SCOTUS to block the Jan. 6 committee's subpoena for her phone records. Here's Ward's filing: https://www.scotusblog.com/wp-content/uploads/2022/10/22A350.pdf