|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-674||5th Cir. _||N/A||N/A||N/A||N/A||OT 2011|
Issue: (1) Whether Neder v. United States permits a court conducting a harmless-error analysis in the context of an “alternative theory” case to consider only the strength of the government’s case on the legally valid theory, without regard to whether the defendant contested that theory enough to create a factual dispute that rationally could have been resolved in the defendant’s favor; and (2) whether a court conducting a harmless-error analysis in the context of an “alternative theory” case may categorically exclude the defendant’s testimony in his own defense on the legally valid theory.
Alabama executed Matthew Reeves by lethal injection a few hours after SCOTUS, in a 5-4 vote, dissolved a lower-court ruling that said Reeves had a right to select nitrogen gas as his method of execution. Our coverage of the decision, from @ellena_erskine:
Court green-lights Alabama execution in 5-4 ruling that reverses two lower courts - SCOTUSblog
A divided Supreme Court on Thursday evening allowed Alabama to execute a man who argued that the state had faile...
#SCOTUS grants Alabama's request to allow execution of Matthew Reeves to go forward. Justice Amy Coney Barrett indicates that she would have denied the state's request; Justice Elena Kagan dissents, joined by Breyer & Sotomayor. Order & dissent are here: https://www.supremecourt.gov/opinions/21pdf/21a372_5436.pdf
In remarks at the White House, Biden calls Breyer a beacon of wisdom on the Constitution and reiterates his commitment to select a Black woman to succeed him. Biden says he intends to nominate a successor by the end of February.
Breyer makes it official: He tells President Biden in a letter that his retirement will take effect at the end of the current term, assuming his successor has been confirmed by then.
Just in: Biden will give remarks on Breyer's retirement today at the White House at 12:30 p.m. EST. Breyer will be in attendance.
Here's our new Breyer banner from @Courtartist. Breyer has always been an avid biker -- even to the point that he took a few spills. In fact, in 1993, when he was first being considered for a SCOTUS vacancy, he met with Bill Clinton while nursing broken ribs from a bike accident.
@Courtartist outdoes himself again with his Breyer retirement banner @SCOTUSblog.