|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|10-305||9th Cir.||Not Argued||Apr 18, 2011||TBD||TBD||OT 2010|
Issue: (1) Whether, by awarding a defendant an evidentiary hearing on diligence and a simultaneous hearing on the merits, despite his lack of diligence, the Ninth Circuit's opinion conflicts with Court precedent and the Anti-Terrorism and Effective Death Penalty Act (AEDPA); and (2) whether the Ninth Circuit's opinion conflicts with Court precedent and AEDPA, by remanding the case for an evidentiary hearing without analyzing whether a colorable ineffective assistance of counsel claim was presented or considering the claim on the merits, when the district court considered the claim in light of the new evidence the defendant presented and concluded it showed neither deficient performance nor prejudice.
Judgment: Granted, vacated and remanded on April 18, 2011. for further consideration in light of Cullen v. Pinholster, 563 U.S. ___ (2011). .
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.
JUST IN: The Supreme Court agrees to take up five new cases, including an appeal from a high school football coach who lost his job after he prayed on the field.
#SCOTUS will have more opinions next Thursday at 10 am.
A workplace vaccine-or-test requirement that would have covered 84 million workers -- blocked. A vaccine mandate for over 10 million health care workers -- allowed to take effect.
Full analysis from @AHoweBlogger on this afternoon's rulings:
Fractured court blocks vaccine-or-test requirement for large workplaces but green-lights vaccine mandate for health care workers - SCOTUSblog
With COVID-19 cases and hospitalizations reaching a new record high as a result of the Omicron variant, the Suprem...
Here's a two-minute explainer from @katieleebarlow, SCOTUSblog's TikTokker-in-residence, on the pair of vaccine decisions the court just handed down.
BREAKING: The Supreme Court BLOCKS the federal government's COVID-19 vaccine-or-test requirement for large workplaces. The court ALLOWS a vaccine mandate for workers at federally funded health care facilities to take effect nationwide.
SCOTUS releases just one opinion today: an 8-1 decision on an arcane question of pension payments for "dual-status military technicians." The court rules in favor of the government's statutory interpretation and against the technicians. Barrett has the opinion; Gorsuch dissents.