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Bourgeois v. Barr

Petition for certiorari denied on June 29, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
19-1348 D.C. Cir. N/A N/A N/A N/A OT 2019

Issues: (1) Whether the phrase “prescribed by the law of the State” in 18 U.S.C. § 3596(a) includes those procedures that state law requires state officials to establish; (2) whether a court may uphold an agency rule based on an interpretation the agency never advanced when formulating the rule and specifically disclaimed when defending it; and (3) whether a protocol that dictates the manner in which a prisoner will be executed is a “procedural rule” exempt from notice and comment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 05 2020Petition for a writ of certiorari filed. (Response due July 9, 2020)
Jun 10 2020Application (19A1050) for a stay of mandate pending the disposition of the petition for a writ of certiorari, submitted to The Chief Justice.
Jun 11 2020Response to application (19A1050) requested by The Chief Justice, due Wednesday, June 17, by 3 p.m.
Jun 15 2020Response of Barr, William P., et al. to application not accepted for filing. (June 15, 2020)
Jun 15 2020Response to application from respondents Barr, Att'y Gen., et al. filed.
Jun 17 2020Reply of applicant James H. Roane, Jr., et al. filed.
Jun 17 2020Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners James H. Roane, Jr., et al.
Jun 18 2020The motion to expedite consideration of the petition for a writ of certiorari is granted. Respondents are directed to file a response to the petition on or before 5 p.m., Friday, June 19, 2020. Petitioners may file a reply brief on or before 5 p.m., Monday, June 22, 2020. Amicus curiae briefs may be filed on or before 5 p.m., Friday, June 19, 2020.
Jun 19 2020Brief of respondents William P. Barr, Attorney General, et al. in opposition filed. (Distributed)
Jun 19 2020Brief amici curiae of Administrative Law Scholars filed. (Distributed)
Jun 22 2020DISTRIBUTED for Conference of 6/25/2020.
Jun 22 2020Reply of petitioner Alfred Bourgeois, et al. filed. (Distributed)
Jun 29 2020Application (19A1050) referred to the Court.
Jun 29 2020Petition DENIED. Justice Ginsburg and Justice Sotomayor would grant the petition for a writ of certiorari.
Jun 29 2020Application (19A1050) denied by the Court. Justice Ginsburg and Justice Sotomayor would grant the application for stay.
 
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