|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Issues: (1) Whether the foregone-conclusion exception to the Fifth Amendment privilege against self-incrimination established in Fisher v. United States and its progeny applies to the compelled production of passwords to encrypted electronic devices when the government has seized a device pursuant to a valid search warrant and has independent knowledge that the password exists, is known by the suspect and will decrypt the device, such that the compelled information itself lacks testimonial significance and any testimony implied by the compelled act is already known by the government, is not in issue and adds little or nothing to the sum total of the government's information; and (2) whether, assuming the foregone-conclusion exception applies, the government must demonstrate knowledge relating solely to the password sought or must also demonstrate knowledge of the contents of the encrypted device for which a judge has already authorized a search.
|Date||Proceedings and Orders |
|Feb 12 2020||Application (19A900) to extend the time to file a petition for a writ of certiorari from February 18, 2020 to March 19, 2020, submitted to Justice Alito.|
|Feb 14 2020||Application (19A900) granted by Justice Alito extending the time to file until March 19, 2020.|
|Mar 05 2020||Application (19A900) to extend further the time from March 19, 2020 to April 2, 2020, submitted to Justice Alito.|
|Mar 12 2020||Application (19A900) granted by Justice Alito extending the time to file until April 16, 2020.|
|Apr 20 2020||Petition for a writ of certiorari filed. (Response due May 29, 2020)|
|May 08 2020||Motion to extend the time to file a response from May 29, 2020 to July 28, 2020, submitted to The Clerk.|
|May 11 2020||Motion to extend the time to file a response is granted and the time is extended to and including July 28, 2020.|
|May 26 2020||Brief amici curiae of State of Utah, et al. filed.|
|Jul 28 2020||Brief of respondent Joseph Davis in opposition filed.|
|Aug 12 2020||DISTRIBUTED for Conference of 9/29/2020.|
|Sep 21 2020||Reply of petitioner Commonwealth of Pennsylvania filed. (Distributed)|
|Oct 05 2020||Petition DENIED.|
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.
Thanks @marinklevy for joining us on the latest episode of SCOTUStalk!
On today's SCOTUStalk episode @marinklevy joins to talk new-justice history, including the time Earl Warren rushed across the country to take his seat and showed up with the wrong type of robes.
Speaking in Colorado last night, John Roberts announced that members of the public will be allowed to attend oral arguments when the new term starts next month, according to press reports. It will be the first time the Supreme Court will reopen since the start of the pandemic.
Here is Sotomayor's brief order in the clash between Yeshiva University and a student Pride Alliance.
Justice Sonia Sotomayor has put on hold a NY state trial court's order that would require Yeshiva University to recognize an LGBTQ student group. In a brief order, Sotomayor stays the lower court's order "pending further order of the undersigned or of the Court."