|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|20-391||8th Cir.||Not Argued||Jun 28, 2021||6-3||Per Curiam||OT 2020|
Holding: Because it is unclear in this excessive force case whether the Eighth Circuit incorrectly thought the use of a prone restraint is per se constitutional so long as an individual appears to resist officers’ efforts to subdue him, the U.S. Court of Appeals for the 8th Circuit’s judgment is vacated, and the case is remanded to give the lower court the opportunity in the first instance to employ the careful, context-specific analysis required by this court’s excessive force precedent.
Judgment: Vacated and remanded in a per curiam opinion on June 28, 2021. Justice Alito filed a dissenting opinion, in which Justices Thomas and Gorsuch joined.
|Date||Proceedings and Orders |
|Sep 17 2020||Petition for a writ of certiorari filed. (Response due October 26, 2020)|
|Oct 26 2020||Brief amici curiae of Policing Scholars filed.|
|Oct 26 2020||Brief amici curiae of The National Association of Criminal Defense Lawyers, et al. filed.|
|Oct 26 2020||Brief of respondents City of St. Louis, et al. in opposition filed.|
|Oct 26 2020||Brief amici curiae of Restore the Fourth, Inc., et al. filed.|
|Nov 10 2020||DISTRIBUTED for Conference of 12/4/2020.|
|Nov 12 2020||Reply of petitioners Jody Lombardo, et al. filed. (Distributed)|
|Nov 30 2020||Rescheduled.|
|Dec 07 2020||DISTRIBUTED for Conference of 12/11/2020.|
|Dec 07 2020||Rescheduled.|
|Jan 04 2021||DISTRIBUTED for Conference of 1/8/2021.|
|Jan 04 2021||Rescheduled.|
|Jan 11 2021||DISTRIBUTED for Conference of 1/15/2021.|
|Jan 11 2021||Rescheduled.|
|Jan 19 2021||DISTRIBUTED for Conference of 1/22/2021.|
|Jan 19 2021||Rescheduled.|
|Feb 12 2021||DISTRIBUTED for Conference of 2/19/2021.|
|Feb 16 2021||Rescheduled.|
|Feb 22 2021||DISTRIBUTED for Conference of 2/26/2021.|
|Feb 22 2021||Rescheduled.|
|Mar 01 2021||DISTRIBUTED for Conference of 3/5/2021.|
|Mar 01 2021||Rescheduled.|
|Mar 15 2021||DISTRIBUTED for Conference of 3/19/2021.|
|Mar 15 2021||Rescheduled.|
|Mar 22 2021||DISTRIBUTED for Conference of 3/26/2021.|
|Mar 23 2021||Rescheduled.|
|Mar 29 2021||DISTRIBUTED for Conference of 4/1/2021.|
|Mar 29 2021||Rescheduled.|
|Apr 12 2021||DISTRIBUTED for Conference of 4/16/2021.|
|Apr 12 2021||Rescheduled.|
|Apr 19 2021||DISTRIBUTED for Conference of 4/23/2021.|
|Apr 21 2021||Rescheduled.|
|Apr 26 2021||DISTRIBUTED for Conference of 4/30/2021.|
|Apr 29 2021||Supplemental brief of petitioners Jody Lombardo, et al. filed.|
|May 10 2021||DISTRIBUTED for Conference of 5/13/2021.|
|May 12 2021||Record Requested.|
|May 17 2021||DISTRIBUTED for Conference of 5/20/2021.|
|May 20 2021||Record received from the U.S.C.A. 8th Circuit (1 box).|
|May 24 2021||DISTRIBUTED for Conference of 5/27/2021.|
|Jun 01 2021||DISTRIBUTED for Conference of 6/3/2021.|
|Jun 01 2021||Record received from the U.S.D.C. Eastern District of Missouri (1 envelope).|
|Jun 07 2021||DISTRIBUTED for Conference of 6/10/2021.|
|Jun 14 2021||DISTRIBUTED for Conference of 6/17/2021.|
|Jun 21 2021||DISTRIBUTED for Conference of 6/24/2021.|
|Jun 28 2021||The Court expresses no view as to whether the officers used unconstitutionally excessive force or, if they did, whether Gilbert's right to be free of such force in these circumstances was clearly established at the time of his death. The Court instead grants the petition for certiorari, vacates the judgment of the United States Court of Appeals for the Eighth Circuit, and remands the case to give the court the opportunity to employ an inquiry that clearly attends to the facts and circumstances in answering those questions in the first instance. Opinion per curiam. (Detached Opinion) Justice Alito, with whom Justice Thomas and Justice Gorsuch join, dissenting. (Detached Opinion)|
|Jul 12 2021||Record returned to the U.S.C.A. 8th Circuit (1 box).|
|Jul 12 2021||Record returned to the U.S.D.C. Eastern District of Missouri (1 envelope).|
|Jul 30 2021||JUDGMENT ISSUED.|
#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