Moore v. Texas

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
15-797	Tex. Crim. App.	Nov 29, 2016	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, June 29, 2017)
Death-penalty symposium: In search of predictability (Joseph Tartakovsky, June 29, 2017)
Death-penalty symposium: Supreme Court marks time for a term on capital punishment (Kent Scheidegger, June 28, 2017)
Death-penalty symposium: Incremental victories for capital defendants but no sweeping change (Carol Steiker and Jordan Steiker, June 28, 2017)
Death-penalty symposium: Even with this conservative court, some progressive wins remain possible (Brianne Gorod, June 27, 2017)
Death-penalty symposium: The court keeps treating a fatally diseased death penalty (Brian Stull, June 27, 2017)
Death-penalty symposium: Evolving standards for "evolving standards" (Dominic Draye, June 27, 2017)
Opinion analysis: A victory for intellectually disabled inmates in Texas (Amy Howe, March 28, 2017)
Argument analysis: Texas inmate seems likely to prevail in death-row disability challenge (Amy Howe, November 29, 2016)
Argument preview: Court returns, again, to the death penalty and the intellectually disabled (Amy Howe, November 22, 2016)
Court reopens race and death penalty issues (Lyle Denniston, June 6, 2016)

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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Breyer is the third justice since August to turn away an emergency challenge to a vaccine mandate, without referring the issue to the full court. Earlier: Barrett declined to block Indiana University's mandate, and Sotomayor declined to block NYC's mandate for school employees.

Amy Howe @AHoweBlogger

Justice Stephen Breyer turns down request to block enforcement of Maine's COVID-19 vaccine mandate for healthcare workers, although he leaves open possibility that plaintiffs can return to #SCOTUS after the court of appeals acts: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/21a83.html

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19 Oct 1450287965964578823

Where do things stand at the Supreme Court with the two pending challenges to the Texas anti-abortion law? Here's an explainer from @katieleebarlow in a Tik Tok minute.

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18 Oct 1450206192102412291

#SCOTUS grants request by Texas abortion providers to fast-track consideration of petition for cert before judgment in challenge to SB8. Response from Texas is due by noon on Thursday -- same time as Texas's response to US filing today. Order is here: https://www.supremecourt.gov/orders/courtorders/101821zr1_2c8f.pdf

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18 Oct 1450146106395004937

BREAKING: The Justice Department has filed its emergency application asking the Supreme Court to block Texas' six-week abortion ban.

The filing is here: https://www.supremecourt.gov/DocketPDF/21/21A85/196650/20211018120230336_US%20v.%20Texas%20application%20final.pdf

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NEW: The Justice Department, as expected, says it plans to ask the Supreme Court to block enforcement of the Texas law that bans abortions after six weeks of pregnancy.

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18 Oct 1450143320722788360

Two cert grants on Native American sovereignty issues, and two unsigned opinions granting qualified immunity to cops -- here's the full breakdown of Monday's order list from @AHoweBlogger: https://www.scotusblog.com/2021/10/court-adds-two-cases-on-native-american-law-and-issues-two-opinions-granting-police-officers-qualified-immunity/

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NEW: In Monday morning order list, the Supreme Court agrees to hear two new cases: Ysleta del Sur Pueblo v. Texas, and Denezpi v. United States. The full order list is here: https://www.supremecourt.gov/orders/courtorders/101821zor_4f14.pdf

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