|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-339||4th Cir.||Mar 29, 2016||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.
|Date||Proceedings and Orders |
|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|
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).