|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|18-6210||Wis.||Apr 23, 2019||Jun 27, 2019||5-4||Alito||OT 2018|
Holding: The Wisconsin Supreme Court’s judgment – affirming the drunk-driving convictions of Gerald Mitchell, who was administered a warrantless blood test while he was unconscious – is vacated, and the case is remanded.
Judgment: Vacated and remanded, 5-4, in an opinion by Justice Alito on June 27, 2019. Justice Thomas filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justices Ginsburg and Kagan joined. Justice Gorsuch filed a dissenting opinion.
|Date||Proceedings and Orders |
|Oct 01 2018||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 5, 2018)|
|Oct 16 2018||Motion to extend the time to file a response from November 5, 2018 to December 5, 2018, submitted to The Clerk.|
|Oct 18 2018||Motion to extend the time to file a response is granted and the time is extended to and including December 5, 2018.|
|Dec 05 2018||Brief of respondent Wisconsin in opposition filed.|
|Dec 19 2018||Reply of petitioner Gerald P. Mitchell filed. (Distributed)|
|Dec 20 2018||DISTRIBUTED for Conference of 1/4/2019.|
|Jan 07 2019||DISTRIBUTED for Conference of 1/11/2019.|
|Jan 11 2019||Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.|
|Feb 11 2019||SET FOR ARGUMENT on Tuesday, April 23, 2019|
|Feb 18 2019||Blanket Consent filed by Petitioner, Gerald P. Mitchell.|
|Feb 18 2019||Blanket Consent filed by Respondent, Wisconsin|
|Feb 25 2019||Joint appendix filed.|
|Feb 25 2019||Brief of petitioner Gerald P. Mitchell filed.|
|Feb 26 2019||Brief amicus curiae of California DUI Lawyers Association filed.|
|Mar 01 2019||Brief amicus curiae of National College for DUI Defense, Inc. filed.|
|Mar 04 2019||Supplemental proof of service of amicus California DUI Lawyers Association filed.|
|Mar 04 2019||Brief amici curiae of The Rutherford Institute and the Cato Institute filed.|
|Mar 04 2019||Brief amicus curiae of Restore the Fourth, Inc. filed.|
|Mar 04 2019||Brief amici curiae of The DKT Liberty Project, Reason Foundation, and The Due Process Institute filed.|
|Mar 04 2019||Brief amici curiae of the American Civil Liberties Union and ACLU of Wisconsin filed.|
|Mar 04 2019||Brief amicus curiae of DUI Defense Lawyers Association filed.|
|Mar 20 2019||CIRCULATED|
|Mar 27 2019||Brief of respondent Wisconsin filed. (Distributed)|
|Apr 03 2019||Brief amici curiae of National Conference of State Legislatures, et al. filed. (Distributed)|
|Apr 03 2019||Brief amicus curiae of Mothers Against Drunk Driving filed. (Distributed)|
|Apr 03 2019||Brief amici curiae of League of Wisconsin Municipalities, et al. filed. (Distributed)|
|Apr 03 2019||Brief amici curiae of State of Colorado, et al. filed. (Distributed)|
|Apr 16 2019||Reply of petitioner Gerald P. Mitchell filed. (Distributed)|
|Apr 23 2019||Argued. For petitioner: Andrew R. Hinkel, Assistant State Public Defender, Madison, Wis. For respondent: Hannah S. Jurss, Assistant Attorney General, Madison, Wis.|
|Jun 27 2019||Judgment VACATED and case REMANDED. Alito, J., announced the judgment of the Court and delivered an opinion, in which Roberts, C. J., and Breyer and Kavanaugh, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Sotomayor, J., filed a dissenting opinion, in which Ginsburg and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion.|
|Jul 29 2019||MANDATE SSUED.|
|Jul 29 2019||JUDGMENT ISSUED.|
On a special episode of SCOTUStalk: @AHoweBlogger and @TomGoldsteinSB discuss Breyer's retirement and preview the process of selecting his successor.
Listen on your podcast platform of choice, or right here: https://www.scotusblog.com/2022/01/the-retirement-of-stephen-breyer/
A SPECIAL episode of SCOTUStalk out today: On the man of the moment
The retirement of Stephen Breyer https://www.scotusblog.com/2022/01/the-retirement-of-stephen-breyer/
Alabama executed Matthew Reeves by lethal injection a few hours after SCOTUS, in a 5-4 vote, dissolved a lower-court ruling that said Reeves had a right to select nitrogen gas as his method of execution. Our coverage of the decision, from @ellena_erskine:
Court green-lights Alabama execution in 5-4 ruling that reverses two lower courts - SCOTUSblog
A divided Supreme Court on Thursday evening allowed Alabama to execute a man who argued that the state had faile...
#SCOTUS grants Alabama's request to allow execution of Matthew Reeves to go forward. Justice Amy Coney Barrett indicates that she would have denied the state's request; Justice Elena Kagan dissents, joined by Breyer & Sotomayor. Order & dissent are here: https://www.supremecourt.gov/opinions/21pdf/21a372_5436.pdf
In remarks at the White House, Biden calls Breyer a beacon of wisdom on the Constitution and reiterates his commitment to select a Black woman to succeed him. Biden says he intends to nominate a successor by the end of February.
Breyer makes it official: He tells President Biden in a letter that his retirement will take effect at the end of the current term, assuming his successor has been confirmed by then.