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Mckesson v. Doe

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Docket No. Op. Below Argument Opinion Vote Author Term
19-1108 5th Cir. Not Argued Nov 2, 2020 7-1 Per Curiam OT 2020

Holding: Under the unusual circumstances of this case, the U.S. Court of Appeals for the 5th Circuit should not have ventured into such an uncertain area of state tort law without first using state certification procedures to seek guidance from the Louisiana Supreme Court.

Judgment: Granted, vacated and remanded in a per curiam opinion on November 2, 2020. Justice Thomas dissented. Justice Barrett took no part in the consideration or decision of this case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 05 2020Petition for a writ of certiorari filed. (Response due April 9, 2020)
Apr 09 2020Brief of respondent Black Lives Matter Global Network, Inc. in support filed.
Apr 09 2020Amicus brief of National Association for the Advancement of Colored People not accepted for filing. (April 15, 2020)
Apr 09 2020Brief amicus curiae of National Association for the Advancement of Colored People filed.
Apr 09 2020Brief amici curiae of Floyd Abrams, et al. filed.
Apr 09 2020Brief amicus curiae of Institute for Free Speech filed.
Apr 09 2020Brief amicus curiae of Howard University Human and Civil Rights Clinic filed.
Apr 09 2020Brief amici curiae of First Amendment Scholars filed.
Apr 09 2020Brief amicus curiae of The Rutherford Institute filed.
Apr 13 2020Waiver of right of respondent John Doe to respond filed.
Apr 28 2020DISTRIBUTED for Conference of 5/15/2020.
May 11 2020Response Requested. (Due June 10, 2020)
May 29 2020Brief of respondent John Doe in opposition filed.
Jun 17 2020DISTRIBUTED for Conference of 9/29/2020.
Jun 19 2020Reply of petitioner DeRay Mckesson filed. (Distributed)
Oct 05 2020DISTRIBUTED for Conference of 10/9/2020.
Oct 13 2020DISTRIBUTED for Conference of 10/16/2020.
Oct 26 2020DISTRIBUTED for Conference of 10/30/2020.
Nov 02 2020Petition GRANTED. Judgment VACATED and case REMANDED for further proceedings consistent with this opinion. Justice Barrett took no part in the consideration or decision of this case. Justice Thomas dissents. Opinion per curiam. (Detached Opinion)
Dec 04 2020JUDGMENT ISSUED.