|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)|
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.
Thanks @marinklevy for joining us on the latest episode of SCOTUStalk!
On today's SCOTUStalk episode @marinklevy joins to talk new-justice history, including the time Earl Warren rushed across the country to take his seat and showed up with the wrong type of robes.
Speaking in Colorado last night, John Roberts announced that members of the public will be allowed to attend oral arguments when the new term starts next month, according to press reports. It will be the first time the Supreme Court will reopen since the start of the pandemic.
Here is Sotomayor's brief order in the clash between Yeshiva University and a student Pride Alliance.
Justice Sonia Sotomayor has put on hold a NY state trial court's order that would require Yeshiva University to recognize an LGBTQ student group. In a brief order, Sotomayor stays the lower court's order "pending further order of the undersigned or of the Court."