Moore v. Texas

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
15-797	Tex. Crim. App.	Nov 29, 2016 Tr.Aud.	Mar 28, 2017	5-3	Ginsburg	OT 2016

Holding: By rejecting the habeas court's application of current medical diagnostic standards and by following the standard under Ex parte Briseno, including the nonclinical Briseno factors, the decision of the Texas Court of Criminal Appeals does not comport with the Eighth Amendment and Supreme Court precedents.

Judgment: Vacated and remanded, 5-3, in an opinion by Justice Ginsburg on March 28, 2017. Chief Justice Roberts filed a dissenting opinion, in which Justices Thomas and Alito joined.

SCOTUSblog Coverage

Death-penalty symposium: A court increasingly uncomfortable with the death penalty (Stephen McAllister)
Death-penalty symposium: In search of predictability (Joseph Tartakovsky)
Death-penalty symposium: Supreme Court marks time for a term on capital punishment (Kent Scheidegger)
Death-penalty symposium: Incremental victories for capital defendants but no sweeping change (Carol Steiker and Jordan Steiker)
Death-penalty symposium: Even with this conservative court, some progressive wins remain possible (Brianne Gorod)
Death-penalty symposium: The court keeps treating a fatally diseased death penalty (Brian Stull)
Death-penalty symposium: Evolving standards for "evolving standards" (Dominic Draye)
Opinion analysis: A victory for intellectually disabled inmates in Texas (Amy Howe)
Argument analysis: Texas inmate seems likely to prevail in death-row disability challenge (Amy Howe)
Argument preview: Court returns, again, to the death penalty and the intellectually disabled (Amy Howe)
Court reopens race and death penalty issues (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Dec 15 2015	Petition for a writ of certiorari filed. (Response due January 19, 2016)
Jan 19 2016	Brief amicus curiae of Constitutional Accountability Center filed.
Jan 19 2016	Brief amici curiae of The National Religious Campaign Against Torture, et al. filed.
Jan 19 2016	Brief amici curiae of International Organizations Interested in Medical Expertise, Psychiatry and Criminal Justice filed.
Jan 19 2016	Brief amici curiae of International Law and Human Rights Institutes, Societies, Practitioners and Scholars filed.
Jan 19 2016	Brief amici curiae of The American Academy of Psychiatry and the Law, et al. filed.
Jan 20 2016	Order extending time to file response to petition to and including February 18, 2016.
Feb 18 2016	Order further extending time to file response to petition to and including March 18, 2016.
Mar 18 2016	Brief of respondent Texas in opposition filed.
Apr 1 2016	Reply of petitioner Bobby James Moore filed.
Apr 6 2016	DISTRIBUTED for Conference of April 22, 2016.
Apr 25 2016	DISTRIBUTED for Conference of April 29, 2016.
Apr 27 2016	Record Requested .
May 6 2016	Record received from the Court of Criminal Appeals of Texas. The record is electronic.
May 9 2016	DISTRIBUTED for Conference of May 12, 2016.
May 16 2016	DISTRIBUTED for Conference of May 19, 2016.
May 23 2016	DISTRIBUTED for Conference of May 26, 2016.
May 31 2016	DISTRIBUTED for Conference of June 2, 2016.
Jun 6 2016	Petition GRANTED limited to Question 1 presented by the petition.
Jun 14 2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Jun 28 2016	Consent to the filing of amicus curiiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jul 11 2016	The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 28, 2016.
Jul 11 2016	The time to file respondent's brief on the merits is extended to and including September 6, 2016.
Jul 28 2016	Brief of petitioner Bobby James Moore filed.
Jul 28 2016	Joint appendix filed. (Statement of costs filed.)
Aug 3 2016	Brief amici curiae of American Civil Liberties Union, and the ACLU of Texas filed.
Aug 4 2016	Brief amici curiae of International Organizations and Individuals Interested in Medical Expertise and Psychiatry filed.
Aug 4 2016	Brief amici curiae of American Psychological Assocation, et al. filed.
Aug 4 2016	Brief amicus curiae of The American Bar Association filed.
Aug 4 2016	Brief amici curiae of The American Association on Intellectual and Developmental Disabilities, et al. filed.
Aug 4 2016	Brief amicus curiae of The Constitution Project filed.
Sep 6 2016	Brief of respondent Texas filed.
Sep 13 2016	Brief amici curiae of Arizona, et al. filed.
Sep 13 2016	Brief amicus curiae of Criminal Justice Legal Foundation filed.
Oct 6 2016	Proposal of counsel for petitioner to lodge copies of opinions, cited in the reply brief, which are not available electronically.
Oct 6 2016	Reply of petitioner Bobby James Moore filed.
Oct 21 2016	SET FOR ARGUMENT on Tuesday, November 29, 2016
Oct 26 2016	CIRCULATED.
Nov 1 2016	Record requested from the Court of Criminal Appeals of Texas.
Nov 4 2016	Record received from the Court of Criminal Appeals of Texas is electronic.
Nov 29 2016	Argued. For petitioner: Clifford M. Sloan, Washington, D. C. For respondent: Scott A. Keller, Solicitor General, Austin, Tex.
Mar 28 2017	Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined.
May 1 2017	MANDATE ISSUED.
May 1 2017	JUDGMENT ISSUED.

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
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On Monday, the justices heard oral argument in Thacker v. Tennessee Valley Authority and Rimini Street Inc. v. Oracle USA Inc.
On Tuesday, the justices heard oral argument in Home Depot U.S.A. Inc. v. Jackson and Azar v. Allina Health Services.
On Wednesday, the justices heard oral argument in Knick v. Township of Scott and Tennessee Wine & Spirits Retailers Association v. Blair.
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  (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.
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6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
13	14 Orders THACKER V. TENNESSEE VALLEY AUTHORITY (17-1201) RIMINI STREET INC. V. ORACLE USA INC. (17-1625)	15 HOME DEPOT U.S.A. INC. V. JACKSON (17-1471) AZAR V. ALLINA HEALTH SERVICES (17-1484) Opinions	16 KNICK V. TOWNSHIP OF SCOTT, PENNSYLVANIA (17-647) TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION V. BLAIR (18-96)	17	18 Conference	19
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On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Editor's Note :

Moore v. Texas

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Featured Posts

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

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