|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Issue: Whether, when circumstances such as agency misconduct deprive an immigration applicant of a fundamental right, a federal court may grant "nunc pro tunc" relief — in which allows a court decides a matter “now for then,” as though at an earlier date — to remedy the deprivation.
|Date||Proceedings and Orders |
|Apr 01 2021||Petition for a writ of certiorari filed. (Response due May 5, 2021)|
|Apr 01 2021||Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filng System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.|
|Apr 27 2021||Motion to extend the time to file a response from May 5, 2021 to June 4, 2021, submitted to The Clerk.|
|Apr 28 2021||Motion to extend the time to file a response is granted and the time is extended to and including June 4, 2021.|
|May 20 2021||Motion to extend the time to file a response from June 4, 2021 to July 2, 2021, submitted to The Clerk.|
|May 21 2021||Motion to extend the time to file a response is granted and the time is extended to and including July 2, 2021.|
|Jun 15 2021||Motion to extend the time to file a response from July 2, 2021 to August 13, 2021, submitted to The Clerk.|
|Jun 16 2021||Motion to extend the time to file a response is granted and the time is further extended to and including August 13, 2021.|
|Aug 13 2021||Brief of respondent Merrick Garland, Attorney General in opposition filed.|
|Aug 31 2021||Reply of petitioner Mario Nelson Reyes-Romero filed. (Distributed)|
|Sep 01 2021||DISTRIBUTED for Conference of 9/27/2021.|
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).