|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Issues: (1) Whether the Constitution permits the court-martial of a retired military service member; and (2) whether, if so, the Constitution limits the jurisdiction of courts-martial in such cases to offenses that are related to the retiree’s military status.
|Date||Proceedings and Orders |
|Sep 14 2018||Petition for a writ of certiorari filed. (Response due October 15, 2018)|
|Sep 19 2018||Waiver of right of respondent United States to respond filed.|
|Sep 26 2018||DISTRIBUTED for Conference of 10/12/2018.|
|Oct 03 2018||Response Requested. (Due November 2, 2018)|
|Oct 24 2018||Motion to extend the time to file a response from November 2, 2018 to December 3, 2018, submitted to The Clerk.|
|Oct 25 2018||Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2018.|
|Nov 21 2018||Motion to extend the time to file a response from December 3, 2018 to January 2, 2019, submitted to The Clerk.|
|Nov 21 2018||Motion to extend the time to file a response is granted and the time is further extended to and including January 2, 2019.|
|Jan 02 2019||Motion to extend the time to file a response from January 2, 2019 to January 9, 2019, submitted to The Clerk.|
|Jan 03 2019||Motion to extend the time to file a response is granted and the time is further extended to and including January 9, 2019.|
|Jan 09 2019||Brief of respondent United States in opposition filed.|
|Jan 16 2019||Reply of petitioner Steven M. Larrabee filed.|
|Jan 23 2019||DISTRIBUTED for Conference of 2/15/2019.|
|Feb 19 2019||Petition DENIED.|
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050