|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|21-143||1st Cir.||N/A||N/A||N/A||N/A||OT 2021|
Issue: Whether the United States Sentencing Guidelines' definition of a “controlled substance offense” as one that includes “the offense of . . . conspiring . . . to commit such offenses” is limited to only those state and federal crimes that categorically overlap the generic definition of a conspiracy, requiring proof of both an overt act and an agreement, as two circuits have held, or whether it does not, as six circuits have held.
|Date||Proceedings and Orders |
|Jul 30 2021||Petition for a writ of certiorari filed. (Response due September 2, 2021)|
|Aug 16 2021||Waiver of right of respondent United States of America to respond filed.|
|Aug 18 2021||DISTRIBUTED for Conference of 9/27/2021.|
|Aug 31 2021||Brief amicus curiae of Massachusetts Association of Criminal Defense Lawyers filed. (Distributed)|
|Aug 31 2021||Brief amicus curiae of Puerto Rico Association of Criminal Defense Lawyers filed. (Distributed)|
|Sep 02 2021||Brief amici curiae of National Association for Public Defense and the Florida Association of Criminal Defense Lawyers filed. (Distributed)|
|Oct 04 2021||Petition DENIED.|
NEW: The Supreme Court declines to block the execution of Alabama prisoner Willie Smith, who is scheduled to be put to death by lethal injection tonight. No noted dissents, but Sotomayor adds a brief statement expressing concerns about Alabama's conduct.
NEW: Texas files its response to the Justice Department's emergency application asking the Supreme Court to block the state's six-week abortion ban.
Full brief is here: https://www.supremecourt.gov/DocketPDF/21/21A85/197064/20211021113524436_21A85_United%20States%20v.%20Texas_Opposition.pdf
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.
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
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.
#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
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
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.