|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-1084||9th Cir.||Not Argued||Jun 24, 2013||TBD||Per Curiam||OT 2012|
Holding: After a defendant was denied certiorari review by the Supreme Court, the Ninth Circuit abused its discretion by sua sponte construing the defendant’s earlier motion to stay a mandate as a motion to reconsider, and when it withheld its mandate.
Judgment: Reversed and remanded. in a per curiam opinion on June 24, 2013.
|Date||Proceedings and Orders |
|Mar 4 2013||Application (12A857) to vacate the stay of execution entered by the United States Court of Appeals for the Ninth Circuit, submitted to Justice Kennedy.|
|Mar 4 2013||Response to application from respondent Edward Harold Schad filed.|
|Mar 5 2013||Reply of applicant Charles L. Ryan, Director, Arizona Department of Corrections filed.|
|Mar 5 2013||Petition for a writ of certiorari filed. (Response due April 4, 2013)|
|Mar 5 2013||Appendix of Charles L. Ryan, Director, Arizona Department of Corrections filed.|
|Mar 5 2013||Supplemental response filed by respondent Edward Harold Schad.|
|Mar 5 2013||Application (12A857) referred to the Court.|
|Mar 5 2013||Application (12A857) denied by the Court. Justice Scalia and Justice Alito would grant the application to vacate the stay of execution.|
|Mar 27 2013||Order extending time to file response to petition to and including May 8, 2013.|
|May 8 2013||Brief of respondent Edward Harold Schad in opposition filed.|
|May 8 2013||Motion for leave to proceed in forma pauperis filed by respondent Edward Harold Schad.|
|May 20 2013||Reply of petitioner Charles L. Ryan, Director, Arizona Department of Corrections filed. (Distributed)|
|May 21 2013||DISTRIBUTED for Conference of June 6, 2013.|
|Jun 10 2013||DISTRIBUTED for Conference of June 13, 2013.|
|Jun 17 2013||DISTRIBUTED for Conference of June 20, 2013.|
|Jun 24 2013||Motion for leave to proceed in forma pauperis filed by respondent GRANTED.|
|Jun 24 2013||Petition GRANTED. Judgment REVERSED, and case REMANDED. Opinion per curiam. (Detached Opinion)|
|Jul 19 2013||Petition for Rehearing filed.|
|Aug 8 2013||DISTRIBUTED.|
|Aug 30 2013||Rehearing DENIED.|
|Aug 30 2013||JUDGMENT ISSUED.|
#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).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050