|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|14-8913||5th Cir.||Jan 12, 2016||Apr 20, 2016||8-0||Kennedy||OT 2015|
Holding: Courts reviewing use of an incorrect Federal Sentencing Guidelines range cannot apply a categorical "additional evidence" rule requiring a showing that use of the incorrect range affected a defendant's sentence in cases in which a district court applied an incorrect range but sentenced the defendant within the correct range.
Judgment: Reversed and remanded, 8-0, in an opinion by Justice Kennedy on April 20, 2016. Justice Alito filed an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined.
|Date||Proceedings and Orders |
|Mar 16 2015||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2015)|
|Apr 8 2015||Order extending time to file response to petition to and including May 18, 2015.|
|Apr 24 2015||Order further extending time to file response to petition to and including June 18, 2015.|
|Jun 10 2015||Brief of respondent United States in opposition filed.|
|Jun 11 2015||Reply of petitioner Saul Molina-Martinez filed.|
|Jun 25 2015||DISTRIBUTED for Conference of September 28, 2015.|
|Oct 1 2015||Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.|
|Nov 16 2015||Joint appendix filed. (Statement of costs filed)|
|Nov 16 2015||Brief of petitioner Saul Molina-Martinez filed.|
|Nov 24 2015||SET FOR ARGUMENT on Tuesday, January 12, 2016|
|Dec 4 2015||Record requested from U.S.C.A. 5th Circuit.|
|Dec 15 2015||CIRCULATED.|
|Dec 16 2015||Brief of respondent United States filed. (Distributed)|
|Jan 4 2016||Reply of petitioner Saul Molina-Martinez filed. (Distributed)|
|Jan 12 2016||Argued. For petitioner: Timothy Crooks, Assistant Federal Public Defender, Houston, Tex. For respondent: Scott A.C. Meisler, Assistant to the Solicitor General, Department of Justice, Washington, D. C.|
|Jan 19 2016||Record from the U.S.D.C. Southern District of Texas is electronic and also received in hard copy. (1 Envelope)|
|Apr 20 2016||Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined.|
|May 23 2016||JUDGMENT ISSUED|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#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).