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Nance v. Ward

Docket No. Op. Below Argument Opinion Vote Author Term
21-439 11th Cir. Apr 25, 2022 Jun 23, 2022 5-4 Kagan OT 2021

Holding: Title 42 U.S.C. § 1983 is the procedural vehicle appropriate for a prisoner"s method-of-execution claim even if an order granting the relief requested would necessitate a change in state law.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Kagan on June 23, 2022. Justice Barrett filed a dissenting opinion, in which Justices Thomas, Alito, and Gorsuch joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
09/17/2021Petition for a writ of certiorari filed. (Response due October 22, 2021)
09/23/2021Motion to extend the time to file a response from October 22, 2021 to November 22, 2021, submitted to The Clerk.
09/24/2021Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
10/22/2021Motion of Legal Scholars and Academics for leave to file amicus brief not accepted for filing. (October 25, 2021)
10/22/2021Motion for leave to file amici brief filed by Legal Scholars and Academics.
11/22/2021Brief of respondents Comm'r, Georgia Department of Corrections, et al. in opposition filed.
12/07/2021Reply of petitioner Michael Nance filed. (Distributed)
12/08/2021DISTRIBUTED for Conference of 1/7/2022.
01/10/2022DISTRIBUTED for Conference of 1/14/2022.
01/14/2022Motion for leave to file amici brief filed by Legal Scholars and Academics GRANTED.
01/14/2022Petition GRANTED.
02/16/2022Motion to dispense with printing the joint appendix filed by petitioner Michael Nance.
02/22/2022Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
02/25/2022Brief of petitioner Michael Nance filed.
03/04/2022Brief amici curiae of Legal Scholars filed.
03/04/2022Brief amici curiae of American Civil Liberties Union, et al. filed.
03/04/2022Brief amicus curiae of United States filed.
03/14/2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
03/15/2022ARGUMENT SET FOR Monday, April 25, 2022.
03/16/2022Record requested from the U.S.C.A. 11th Circuit.
03/17/2022The record received from the U.S.D.C. Northern District of Georgia (Atlanta) has been electronically filed.
03/17/2022The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer.
03/23/2022CIRCULATED
03/28/2022Brief of respondents Ward, Commissioner, Georgia Department of Corrections, et al. filed. (Distributed)
03/31/2022Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara filed. (Distributed)
04/04/2022Brief amici curiae of Texas, et al. filed. (Distributed)
04/14/2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
04/15/2022Reply of petitioner Michael Nance filed. (Distributed)
04/25/2022Argued. For petitioner: Matthew S. Hellman, Washington, D. C.; and Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Stephen J. Petrany, Solicitor General, Atlanta, Ga.
06/23/2022Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Sotomayor, and Kavanaugh, JJ., joined. Barrett, J., filed a dissenting opinion, in which Thomas, Alito, and Gorsuch, JJ., joined.
07/25/2022JUDGMENT ISSUED