|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-1236||D.C. Cir.||N/A||N/A||N/A||N/A||OT 2019|
Issues: (1) Whether plaintiffs suing a foreign state bear a “lighter burden” in establishing the facts necessary for jurisdiction than in proving a case on the merits despite the Supreme Court’s holding to the contrary — at the urging of the Solicitor General and the Department of State — in Venezuela v. Helmerich & Payne International Drilling Co.; (2) whether plaintiffs suing a foreign state can establish facts necessary for jurisdiction “based solely upon” the opinion testimony of so-called “terrorism experts,” when the record lacks admissible factual evidence sufficient to establish jurisdiction; and (3) whether plaintiffs’ failure to prove a foreign state “either specifically intended or directly advanced” a terrorist attack is “irrelevant to proximate cause and jurisdictional causation,” when (i) the Foreign Sovereign Immunities Act’s “terrorism exception” establishes jurisdiction over a foreign state only when the foreign state provided material support “for” a specified act of terrorism, and (ii) proximate causation requires a “direct relationship” between the defendant’s conduct and the resultant injury. CVSG: 05/21/2019.
|Date||Proceedings and Orders |
|Dec 20 2017||Application (17A667) to extend the time to file a petition for a writ of certiorari from January 1, 2018 to March 2, 2018, submitted to The Chief Justice.|
|Dec 22 2017||Application (17A667) granted by The Chief Justice extending the time to file until March 2, 2018.|
|Mar 02 2018||Petition for a writ of certiorari filed. (Response due April 5, 2018)|
|Mar 23 2018||Motion to extend the time to file a response from April 5, 2018 to May 7, 2018, submitted to The Clerk.|
|Mar 26 2018||Motion to extend the time to file a response is granted and the time is extended to and including May 7, 2018.|
|Apr 05 2018||Brief amici curiae of Terrorism and Evidence Experts filed.|
|Apr 05 2018||Motion for leave to file amici brief filed by Former U.S. Ambassadors.|
|May 07 2018||Brief of respondents James Owens, et al. in opposition filed.|
|May 22 2018||DISTRIBUTED for Conference of 6/7/2018.|
|May 22 2018||Reply of petitioner Republic of Sudan, et al. filed. (Distributed)|
|Jun 11 2018||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|May 21 2019||Brief amicus curiae of United States filed.|
|Jun 03 2019||Supplemental brief of petitioners Republic of Sudan, et al. filed.|
|Jun 04 2019||DISTRIBUTED for Conference of 6/20/2019.|
|Jun 26 2019||DISTRIBUTED for Conference of 6/27/2019.|
|May 18 2020||DISTRIBUTED for Conference of 5/21/2020.|
|May 26 2020||Motion for leave to file amici brief filed by Former U.S. Ambassadors GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion.|
|May 26 2020||Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.|
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).