|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|07-440||5th Cir.||Mar 17, 2008||Jun 23, 2008||8-1||Souter||OT 2007|
Holding: A criminal defendant's initial appearance before a magistrate, where he learns the charge against him and his liberty is subject to restriction, marks the initiation of adversary judicial proceedings that trigger attachment of the Sixth Amendment right to counsel. Attachment does not also require that a prosecutor (as distinct from a police officer) be aware of that initial proceeding or involved in its conduct.
Judgment: Vacated and remanded, 8-1, in an opinion by Justice David Souter on June 23, 2008. Chief Justice Roberts filed a concurring opinion, in which Justice Scalia joined. Justice Alito filed a concurring opinion, in which Chief Justice Roberts and Justice Scalia joined. Justice Thomas filed a dissenting opinion.
Merits briefs (Via ABA)
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.
NEW: Biden's commission studying proposals for Supreme Court reform has released 200+ pages of "discussion materials" in advance of its final report, slated to be issued next month. The materials are divided into five categories and are available here: https://www.whitehouse.gov/pcscotus/public-meetings/october-15-2021-pcscotus-meeting/
Curious: This morning the Supreme Court website had a dropdown menu option called “financial disclosure reports” (although nothing to see when you click on it). Now it’s gone
Today at SCOTUS: The Biden administration will appear before the justices asking to reinstate the death penalty for Boston Marathon bomber Dzhokhar Tsarnaev -- despite Biden's campaign pledge to end the death penalty and the DOJ's recent moratorium on federal executions.
Brett Kavanaugh was back on the bench today after participating in last week's arguments remotely due to his positive COVID test. Here's the full nine-person bench, in a sketch by @Courtartist.
#SCOTUS calls for the views of the US Solicitor General in Epic Systems v. Tata Consultancy Services, re whether a punitive damages award that complies with a state law that caps punitive damages passes constitutional muster