Ross v. Blake

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
15-339	4th Cir.	Mar 29, 2016 Tr.Aud.	Jun 6, 2016	8-0	Kagan	OT 2015

Holding: The Fourth Circuit's unwritten "special circumstances" exception, which can excuse an inmate's failure to comply with procedural requirements before challenging prison conditions, is inconsistent with the text and history of the Prison Litigation Reform Act of 1995.

Judgment: Vacated and remanded, 8-0, in an opinion by Justice Kagan on June 6, 2016. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Breyer filed an opinion concurring in part.

SCOTUSblog Coverage

Opinion analysis: Justices hold door open to prisoner suit even while rejecting “special circumstances” exception to PLRA exhaustion requirement (Steve Vladeck)
Argument analysis: Justices seem likely to DIG or remand prisoner-exhaustion case (Steve Vladeck)
Argument preview: A dispute over what is actually in dispute in state prisoner exhaustion case (Steve Vladeck)
Court to rule on drunk-driving tests (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Sep 14 2015	Petition for a writ of certiorari filed. (Response due October 19, 2015)
Sep 23 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Oct 14 2015	Order extending time to file response to petition to and including November 18, 2015.
Oct 19 2015	Brief amici curiae of West Virginia, and 21 Other States filed.
Nov 2 2015	Brief of respondent Shaidon Blake in opposition filed.
Nov 16 2015	Reply of petitioner Michael Ross filed. (Distributed)
Nov 17 2015	DISTRIBUTED for Conference of December 4, 2015.
Dec 7 2015	DISTRIBUTED for Conference of December 11, 2015.
Dec 11 2015	Petition GRANTED.
Jan 15 2016	The time to file the joint appendix and petitioner's brief on the merits is extended to and including January 27, 2016.
Jan 22 2016	The time to file the joint appendix and petitioner's brief on the merits is further extended to and including January 29, 2016.
Jan 22 2016	The time to file respondent's brief on the merits is extended to and including March 3, 2016.
Jan 29 2016	SET FOR ARGUMENT ON Tuesday, March 29, 2016
Jan 29 2016	Joint appendix filed. (Statement of costs filed)
Jan 29 2016	Brief of petitioner Michael Ross filed.
Feb 5 2016	Brief amicus curiae of United States filed.
Feb 5 2016	Brief amici curiae of West Virginia and 38 Other States filed.
Feb 8 2016	Record requested from U.S.C.A. 4th Circuit.
Feb 11 2016	Record received from U.S.C.A. 4th Circuit is electronic and located on PACER.
Feb 18 2016	Record received from U.S.D.C. Dist. of Maryland Southern Div. is electronic and located on PACER. Sealed records are also electronic, not on PACER.
Feb 23 2016	CIRCULATED.
Mar 1 2016	Proposal of counsel for respondent to lodge bound copies of non-record materials cited in respondent's brief on the merits.
Mar 3 2016	Brief of respondent Shaidon Blake filed. (Distributed)
Mar 7 2016	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 8 2016	Brief amici curiae of Legal Aid Society of New York and Morningside Heights Legal Services, Inc. filed. (Distributed)
Mar 10 2016	Brief amicus curiae of National Police Accountability Project and Human Rights Defense Center filed. (Distributed)
Mar 17 2016	Proposal of counsel for petitioner to lodge copies of non-record materials cited in the reply brief on the merits.
Mar 18 2016	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 21 2016	Reply of petitioner Michael Ross filed. (Distributed).
Mar 23 2016	The Clerk has approved respondent's lodging proposal. Copies of non-record material received and distributed.
Mar 24 2016	The Clerk has approved petitioner's lodging proposal. Copies of cited material received and distributed.
Mar 29 2016	Argued. For petitioner: Julia Doyle Bernhardt, Assistant Attorney General, Baltimore, Md.; and Zachary D. Tripp, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Paul W. Hughes, Washington, D. C.
Jun 6 2016	Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Alito, and Sotomayor, JJ., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Breyer, J., filed an opinion concurring in part.
Jul 8 2016	JUDGMENT ISSUED

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
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Ross v. Blake

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Featured Posts

Challengers urge justices to dismiss census case after district court ruling – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

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