|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-10639||11th Cir.||N/A||N/A||N/A||N/A||OT 2014|
Issue: Whether the Court should overturn the Eleventh Circuit’s “appellate procedural default” rule, which categorically prohibits the Eleventh Circuit from considering the merits of issues not raised in an appellant’s opening brief – under any standard of review – and as applied in criminal cases contravenes the retroactivity principle of Griffith v. Kentucky, and conflicts with the rules applied in every other circuit (all of which accord at least some form of merits review, where as here, the new issue is raised for the first time on appeal).
|Date||Proceedings and Orders |
|Jun 18 2014||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 21, 2014)|
|Jul 18 2014||Order extending time to file response to petition to and including August 20, 2014.|
|Aug 1 2014||Order further extending time to file response to petition to and including September 19, 2019.|
|Sep 19 2014||Brief of respondent United States in opposition filed.|
|Oct 9 2014||DISTRIBUTED for Conference of October 31, 2014.|
|Nov 3 2014||DISTRIBUTED for Conference of November 7, 2014.|
|Nov 10 2014||DISTRIBUTED for Conference of November 14, 2014.|
|Nov 17 2014||DISTRIBUTED for Conference of November 25, 2014.|
|Dec 1 2014||Petition DENIED Justice Kennedy and Justice Sotomayor would grant the petition for a writ of certiorari. Statement of Justice Kagan, with whom Justice Ginsburg and Justice Breyer join, respecting the denial of certiorari. (Detached Opinion)|
In clash between private property rights and pro-union interests, the Supreme Court invalidates a California regulation that requires agricultural employers to allow union organizers onto their property to speak with workers. SCOTUS says the regulation violates the 5th Amendment.
BREAKING: In major First Amendment case on student speech, the Supreme Court rules 8-1 in favor of a former high school student who was disciplined by her public school after sending a vulgar message on Snapchat complaining about the school's cheerleading squad.
In the second Supreme Court opinion of the day, the court holds that the structure of the Federal Housing Finance Agency (which regulates Fannie Mae & Freddie Mac) is unconstitutional because of the limits on the president's ability to remove the agency's director.
The Supreme Court issues its opinion in the "hot pursuit" case -- a case about when police can follow a fleeing suspect into a home without a warrant. In an opinion by Kagan, the court declines to adopt a bright-line rule on "hot pursuits" of people suspected of misdemeanors.
The Supreme Court will release one or more opinions at 10:00 a.m. Join us on the live blog beginning at 9:45. https://www.scotusblog.com/2021/06/announcement-of-opinions-for-wednesday-june-23/
After the Supreme Court handed down three opinions this morning, 12 cases remain outstanding for this term. They include voting rights, student free speech, and anonymous donors. We expect more opinions on Wednesday, June 23 at 10:00 a.m. ET.
We will open the live blog at 9:45.
Experts continue to analyze last week's Fulton decision. Here are the final pieces in our symposium.
Thomas Berg & Douglas Laycock on the future of free-exercise challenges: https://www.scotusblog.com/2021/06/protecting-free-exercise-under-smith-and-after-smith/
Holly Hollman on the ruling's many unresolved questions: https://www.scotusblog.com/2021/06/court-requires-religious-exemption-but-leaves-many-questions-unanswered/
The first two pieces in our symposium on yesterday's decision in Fulton v. Philadelphia are up. First, @JimOleske dissects the decision in light of the court's shadow-docket ruling in Tandon v. Newsom, which took a very different approach to free exercise.
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