|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-5152||8th Cir.||N/A||N/A||N/A||N/A||OT 2017|
Issues: (1) Whether the categorical approach, as detailed in Mathis v. United States, requires courts to determine whether an alternatively phrased statute presents alternative means or alternative elements; and whether, pursuant to this analysis, Michigan’s unarmed robbery statute is indivisible and overbroad because it does not require violent force, and therefore does not qualify as a predicate prior conviction under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1); and (2) whether, pursuant to Mathis, Wisconsin’s burglary statute is broader than generic burglary and therefore does not qualify as a predicate prior conviction under the ACCA.
|Date||Proceedings and Orders |
|Jul 10 2017||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 11, 2017)|
|Jul 19 2017||Waiver of right of respondent United States to respond filed.|
|Jul 27 2017||DISTRIBUTED for Conference of September 25, 2017.|
|Sep 14 2017||Rescheduled.|
|Mar 01 2018||DISTRIBUTED for Conference of 3/16/2018.|
|Mar 19 2018||DISTRIBUTED for Conference of 3/23/2018.|
|Mar 26 2018||DISTRIBUTED for Conference of 3/29/2018.|
|Apr 02 2018||Petition DENIED.|
NEW: The Supreme Court declines to block the execution of Alabama prisoner Willie Smith, who is scheduled to be put to death by lethal injection tonight. No noted dissents, but Sotomayor adds a brief statement expressing concerns about Alabama's conduct.
NEW: Texas files its response to the Justice Department's emergency application asking the Supreme Court to block the state's six-week abortion ban.
Full brief is here: https://www.supremecourt.gov/DocketPDF/21/21A85/197064/20211021113524436_21A85_United%20States%20v.%20Texas_Opposition.pdf
Breyer is the third justice since August to turn away an emergency challenge to a vaccine mandate, without referring the issue to the full court. Earlier: Barrett declined to block Indiana University's mandate, and Sotomayor declined to block NYC's mandate for school employees.
Justice Stephen Breyer turns down request to block enforcement of Maine's COVID-19 vaccine mandate for healthcare workers, although he leaves open possibility that plaintiffs can return to #SCOTUS after the court of appeals acts: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/21a83.html
Where do things stand at the Supreme Court with the two pending challenges to the Texas anti-abortion law? Here's an explainer from @katieleebarlow in a Tik Tok minute.
#SCOTUS grants request by Texas abortion providers to fast-track consideration of petition for cert before judgment in challenge to SB8. Response from Texas is due by noon on Thursday -- same time as Texas's response to US filing today. Order is here: https://www.supremecourt.gov/orders/courtorders/101821zr1_2c8f.pdf
BREAKING: The Justice Department has filed its emergency application asking the Supreme Court to block Texas' six-week abortion ban.
The filing is here: https://www.supremecourt.gov/DocketPDF/21/21A85/196650/20211018120230336_US%20v.%20Texas%20application%20final.pdf
NEW: The Justice Department, as expected, says it plans to ask the Supreme Court to block enforcement of the Texas law that bans abortions after six weeks of pregnancy.