|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-6392||6th Cir.||N/A||N/A||N/A||N/A||OT 2017|
Issues: (1) Whether the U.S. Court of Appeals for the 6th Circuit erred when it affirmed the exclusion of the petitioner’s expert rebuttal testimony regarding his future dangerousness in violation of Kelly v. South Carolina, which recognized a capital defendant’s broad due process right to rebut any “implication” or “inference” of dangerousness “from the [government’s] evidence,” and misread the record, which plainly shows that the petitioner’s expert testimony would have rebutted not only the government’s evidence but also its summation arguments; and (2) whether, after the Supreme Court invalidated the definition of a “violent felony” in the residual clause of the Armed Career Criminal Act in Johnson v. United States, the definition of a “crime of violence,” 18 U.S.C. § 924(c)(3)(B), is unconstitutionally vague.
|Date||Proceedings and Orders |
|Jul 18 2016||Application (16A71) to extend the time to file a petition for a writ of certiorari from August 7, 2016 to October 6, 2016, submitted to Justice Kagan.|
|Jul 21 2016||Application (16A71) granted by Justice Kagan extending the time to file until October 6, 2016.|
|Oct 06 2016||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2016)|
|Nov 09 2016||Order extending time to file response to petition to and including December 14, 2016.|
|Dec 01 2016||Order further extending time to file response to petition to and including January 13, 2017.|
|Dec 22 2016||Order further extending time to file response to petition to and including February 13, 2017.|
|Feb 07 2017||Order further extending time to file response to petition to and including March 15, 2017.|
|Mar 07 2017||Order further extending time to file response to petition to and including April 14, 2017.|
|Apr 07 2017||Order further extending time to file response to petition to and including May 15, 2017.|
|May 11 2017||Order further extending time to file response to petition to and including June 14, 2017.|
|Jun 07 2017||Order further extending time to file response to petition to and including June 30, 2017.|
|Jun 30 2017||Brief of respondent United States in opposition filed.|
|Jul 18 2017||Reply of petitioner Rejon Taylor filed. (Distributed)|
|Jul 20 2017||DISTRIBUTED for Conference of September 25, 2017.|
|Apr 17 2018||DISTRIBUTED for Conference of 4/20/2018.|
|Apr 23 2018||DISTRIBUTED for Conference of 4/27/2018.|
|May 07 2018||DISTRIBUTED for Conference of 5/10/2018.|
|May 14 2018||Petition DENIED.|
|May 16 2018||Petition for Rehearing filed.|
|May 22 2018||DISTRIBUTED for Conference of 6/7/2018.|
|Jun 11 2018||Rehearing DENIED.|
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).