|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|18-6135||Kan.||Oct 7, 2019||Mar 23, 2020||6-3||Kagan||OT 2019|
Holding: Due process does not require Kansas to adopt an insanity test that turns on a defendant’s ability to recognize that his crime was morally wrong.
Judgment: Affirmed, 6-3, in an opinion by Justice Kagan on March 23, 2020. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg and Sotomayor joined.
|Date||Proceedings and Orders |
|Jun 29 2018||Application (18A12) to extend the time to file a petition for a writ of certiorari from July 30, 2018 to September 28, 2018, submitted to Justice Sotomayor.|
|Jul 02 2018||Application (18A12) granted by Justice Sotomayor extending the time to file until September 28, 2018.|
|Sep 28 2018||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 29, 2018)|
|Oct 16 2018||Motion to extend the time to file a response from October 29, 2018 to November 28, 2018, submitted to The Clerk.|
|Oct 18 2018||Motion to extend the time to file a response is granted and the time is extended to and including November 28, 2018.|
|Nov 28 2018||Brief of respondent Kansas in opposition filed.|
|Dec 12 2018||Reply of petitioner James Kraig Kahler filed.|
|Dec 13 2018||DISTRIBUTED for Conference of 1/4/2019.|
|Jan 03 2019||Rescheduled.|
|Jan 07 2019||DISTRIBUTED for Conference of 1/11/2019.|
|Jan 14 2019||DISTRIBUTED for Conference of 1/18/2019.|
|Jan 15 2019||Record Requested.|
|Jan 29 2019||Record received from the Supreme Court of Kansas (5 boxes).|
|Feb 04 2019||DISTRIBUTED for Conference of 2/15/2019.|
|Feb 19 2019||DISTRIBUTED for Conference of 2/22/2019.|
|Feb 25 2019||DISTRIBUTED for Conference of 3/1/2019.|
|Mar 11 2019||DISTRIBUTED for Conference of 3/15/2019.|
|Mar 18 2019||Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.|
|Apr 16 2019||Blanket Consent filed by Respondent, Kansas|
|Apr 17 2019||Joint motion for an extension of time to file the briefs on the merits filed. (Statement of costs filed)|
|Apr 23 2019||Joint motion for an extension of time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 31, 2019. The time to file respondent's brief on the merits is extended to and including August 2, 2019. Petitioner will file the reply brief on the merits on or before August 30, 2019.|
|Apr 29 2019||Blanket Consent filed by Petitioner, James Kraig Kahler.|
|May 31 2019||Brief of petitioner James Kraig Kahler filed.|
|May 31 2019||Joint appendix filed. (Statement of costs filed)|
|Jun 03 2019||Brief amici curiae of Philosophy Professors filed.|
|Jun 06 2019||Brief amici curiae of 290 Criminal Law and Mental Health Law Professors filed.|
|Jun 07 2019||Brief amicus curiae of American Bar Association filed.|
|Jun 07 2019||Brief amicus curiae of John F. Stinneford in support of neither party filed.|
|Jun 07 2019||Brief amici curiae of the American Civil Liberties Union and the ACLU Foundation of Kansas filed.|
|Jun 07 2019||Brief amicus curiae of National Association of Criminal Defense Lawyers filed.|
|Jun 07 2019||Brief amici curiae of Idaho Association of Criminal Defense Lawyers, et al. filed.|
|Jun 07 2019||Brief amici curiae of American Psychiatic Association et al. filed.|
|Jun 07 2019||Brief amici curiae of Legal Historians and Sociologists filed.|
|Jul 01 2019||SET FOR ARGUMENT on Monday, October 7, 2019.|
|Aug 01 2019||CIRCULATED|
|Aug 02 2019||Brief of respondent Kansas filed. (Distributed)|
|Aug 09 2019||Brief amicus curiae of United States filed. (Distributed)|
|Aug 09 2019||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Aug 09 2019||Brief amicus curiae of Lynn Denton, et al. filed. (Distributed)|
|Aug 09 2019||Brief amici curiae of State of Utah, et al. filed. (Distributed)|
|Aug 16 2019||Record requested form the Supreme Court of Kansas.|
|Aug 30 2019||Reply of petitioner James Kraig Kahler filed. (Distributed)|
|Sep 11 2019||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Oct 07 2019||Argued. For petitioner: Sarah Schrup, Chicago, Ill. For respondent: Toby Crouse, Solicitor General, Topeka, Kan.; and Elizabeth B. Prelogar, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)|
|Mar 23 2020||Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg and Sotomayor, JJ., joined.|
|Apr 24 2020||MANDATE ISSUED.|
|Apr 24 2020||JUDGMENT ISSUED.|
|May 20 2021||Record returned to the Supreme Court of Kansas (5 boxes).|
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."