|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-483||11th Cir.||Apr 28, 2014||Jun 19, 2014||9-0||Sotomayor||OT 2013|
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, serves as counsel to the petitioner in this case.
Holding: Testimony in a criminal prosecution by a government employee about fraud in the program where he works is protected by the First Amendment; however, the supervisor who fired him in retaliation for that testimony has qualified immunity from suit because it was not "beyond debate" that the employee’s testimony was protected.
Judgment: Affirmed in part, reversed in part, and remanded., 9-0, in an opinion by Justice Sotomayor on June 19, 2014.
|Date||Proceedings and Orders |
|Oct 15 2013||Petition for a writ of certiorari filed. (Response due November 18, 2013)|
|Nov 14 2013||Brief of respondent Steve Franks in opposition filed.|
|Nov 26 2013||Reply of petitioner Edward R. Lane filed.|
|Dec 4 2013||DISTRIBUTED for Conference of January 10, 2014.|
|Jan 13 2014||DISTRIBUTED for Conference of January 17, 2014.|
|Jan 17 2014||Petition GRANTED.|
|Feb 4 2014||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.|
|Feb 11 2014||SET FOR ARGUMENT ON Monday, April 28, 2014|
|Feb 19 2014||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Steve Franks.|
|Feb 20 2014||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Susan Burrows.|
|Feb 20 2014||Motion to dispense with printing the joint appendix filed by petitioner Edward R. Lane.|
|Mar 3 2014||Brief of petitioner Edward R. Lane filed.|
|Mar 3 2014||Brief of respondent Susan Burrow in support of reversal in part and affirmance in part filed.|
|Mar 5 2014||Brief amicus curiae of Alliance Defending Freedom filed.|
|Mar 7 2014||Brief amicus curiae of National Whistleblower Center filed. (Distributed)|
|Mar 10 2014||Motion to dispense with printing the joint appendix filed by petitioner GRANTED.|
|Mar 10 2014||Record received from U.S.D.C. Northern District of Alabama is electronic. (Not on PACER).|
|Mar 10 2014||CIRCULATED.|
|Mar 10 2014||Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)|
|Mar 10 2014||Brief amici curiae of Law Professors filed. (Distributed)|
|Mar 10 2014||Brief amicus curiae of Government Accountability Project filed. (Distributed)|
|Mar 10 2014||Brief amicus curiae of United States supporting affirmance in part and reversal in part filed.|
|Mar 10 2014||Brief amicus curiae of The National Association of Police Organizations filed. (Distributed)|
|Mar 10 2014||Brief amici curiae of National Education Association, et al. filed. (Distributed)|
|Mar 10 2014||Brief amicus curiae of First Amendment Coalition filed. (Distributed)|
|Mar 10 2014||Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)|
|Apr 2 2014||Brief of respondent Steve Franks filed. (Distributed)|
|Apr 8 2014||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for allocation of argument time filed.|
|Apr 9 2014||Brief amici curiae of The International Municipal Lawyers Association, et al. filed. (Distributed)|
|Apr 11 2014||Reply of petitioner Edward R. Lane filed. (Distributed)|
|Apr 17 2014||Reply of respondent Susan Burrow filed. (Distributed)|
|Apr 18 2014||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for allocation of argument time GRANTED.|
|Apr 22 2014||Letter from counsel for petitioner Edward R. Lane filed. (Distributed)|
|Apr 28 2014||Argued. For petitioner: Tejinder Singh, Washington, D. C.; and Ian H. Gershengorn, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent Burrow: Luther J. Strange, III, Attorney General, Montgomery, Ala. For respondent Franks: Mark T. Waggoner, Birmingham, Ala.|
|Jun 19 2014||Adjudged to be AFFIRMED IN PART, REVERSED IN PART, and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion, in which Scalia and Alito, JJ., joined.|
|Jul 21 2014||JUDGMENT ISSUED|
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."