Madison v. Alabama

Madison v. Alabama

Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land – Amy Howe

Argument preview: Justices address circuit split on whether a period of pretrial imprisonment can toll a term of federal supervised release – Fiona Doherty

Relist Watch – John Elwood

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Conference of February 15, 2019

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Orders

RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)

Opinions

Conference

Orders

MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

UNITED STATES V. HAYMOND (17-1672)

MONT V. UNITED STATES (17-8995)

THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-7505	Ala. Cir. Ct.	Oct 2, 2018 Tr.Aud.	TBD	TBD	TBD	OT 2018

Issue: (1) Whether, consistent with the Eighth Amendment, and the Supreme Court’s decisions in Ford v. Wainwright and Panetti v. Quarterman, a state may execute a prisoner whose mental disability leaves him with no memory of his commission of the capital offense; and (2) whether evolving standards of decency and the Eighth Amendment’s prohibition of cruel and unusual punishment bar the execution of a prisoner whose competency has been compromised by vascular dementia and multiple strokes causing severe cognitive dysfunction and a degenerative medical condition that prevents him from remembering the crime for which he was convicted or understanding the circumstances of his scheduled execution.

Argument analysis: A narrow victory possible for death-row inmate with dementia? (Amy Howe)
OT2018 #1: "Rearranging Deck Chairs" (First Mondays)
Argument preview: Justices to consider competency in capital cases (Amy Howe)
OT2018 #0: "Looks A Lot Like Grift" (First Mondays)
Criminal cases in the October 2018 term: A law professor’s dream (Rory Little)
Justices add three cases to merits docket, but deny review in DACA-termination case (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Jan 18 2018	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 20, 2018)
Jan 19 2018	Brief of respondent State of Alabama in opposition filed.
Jan 22 2018	Application (17A770) for a stay of execution of sentence of death, submitted to Justice Thomas.
Jan 22 2018	Response to application from respondent State of Alabama filed.
Jan 22 2018	Reply of petitioner Vernon Madison filed.
Jan 25 2018	UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that execution of the sentence of death is hereby stayed pending further order of Justice Thomas or of the Court.
Jan 25 2018	Application (17A770) referred to the Court.
Jan 25 2018	Application (17A770) granted by the Court. The application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the issuance of the mandate of this Court. Justice Thomas, Justice Alito, and Justice Gorsuch would deny the application.
Feb 01 2018	DISTRIBUTED for Conference of 2/16/2018.
Feb 20 2018	DISTRIBUTED for Conference of 2/23/2018.
Feb 26 2018	Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Mar 15 2018	Joint motion for an extension of time file the briefs on the merits.
Mar 27 2018	Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 22, 2018. The time to file respondent's brief on the merits is extended to and including July 31, 2018.
May 10 2018	Motion to dispense with printing the joint appendix filed by petitioner Vernon Madison.
May 18 2018	Blanket Consent filed by Respondent, Alabama
May 21 2018	Blanket Consent filed by Petitioner, Vernon Madison
May 22 2018	Brief of petitioner Vernon Madison filed.
May 29 2018	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
May 29 2018	Brief amici curiae of American Psychological Association and American Psychiatric Association filed.
Jul 09 2018	SET FOR ARGUMENT On Tuesday, October 2, 2018
Jul 31 2018	Brief of respondent State of Alabama filed.
Aug 03 2018	CIRCULATED
Aug 07 2018	Record requested from the Circuit Court of Alabama, Mobile County.
Aug 07 2018	Brief amici curiae of States of Texas, et al. filed. (Distributed)
Aug 07 2018	Brief amicus curiae of National Association of Police Organizations filed. (Distributed)
Aug 14 2018	Record received from the Court of Criminal Appeals State of Alabama. The record is electronic.
Aug 16 2018	Record received from the Circuit Court of Alabama, Mobile County. The record is electronic.
Aug 17 2018	Record received from the Circuit Court of Alabama, Mobile County. 1 envelope.
Aug 24 2018	Record received from the Circuit Court of Mobile Alabama (additional material).
Aug 30 2018	Reply of petitioner Vernon Madison filed. (Distributed)
Oct 02 2018	Argued. For petitioner: Bryan A. Stevenson, Montgomery, Ala. For respondent: Thomas R. Govan, Jr., Alabama Deputy Attorney General, Montgomery, Ala.
Dec 18 2018	Record received from the Mobile County Circuit Criminal, one box of exhibits.

Featured Posts

Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land – Amy Howe

Argument preview: Justices address circuit split on whether a period of pretrial imprisonment can toll a term of federal supervised release – Fiona Doherty

Relist Watch – John Elwood
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The Supreme Court released orders from the February 15 conference on Tuesday; the justices added County of Maui, Hawaii v. Hawaii Wildlife Fund to next term's merits docket and summarily reversed in Moore v. Texas.
On Wednesday the justices released their opinions in Dawson v. Steager and Timbs v. Indiana.
On Tuesday, the justices heard oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices heard oral argument in Mission Product Holdings Inc. v. Tempnology, LLC.
On Friday, the justices will meet for their February 22 conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Dawson v. Steager By taxing the federal pension benefits of U.S. Marshals Service retiree James Dawson, while exempting from taxation the pension benefits of certain state and local law enforcement officers, West Virginia unlawfully discriminates against Dawson as 4 U.S.C. §111 forbids.
- Timbs v. Indiana The Eighth Amendment’s excessive fines clause is an incorporated protection applicable to the states under the 14th Amendment’s due process clause.
- Moore v. Texas The Texas Court of Criminal Appeals’ redetermination that Bobby James Moore does not have an intellectual disability and is thus eligible for the death penalty is inconsistent with the Supreme Court's 2017 decision in Moore v. Texas.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
More Petitions »
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Cases argued 45

Cases decided 13

Summary reversals 3

Merits cases granted to date 74

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Justice Sotomayor at the Library of Congress

On February 14, Justice Sonia Sotomayor appeared at the Library of Congress with Chief Judge Robert Katzmann of the U.S. Court of Appeals for the 2nd Circuit and Professor Eloise Pasachoff of the Georgetown University Law Center for the Supreme Court Fellows Annual Lecture.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Cases argued	45
Cases decided	13
Summary reversals	3
Merits cases granted to date	74