| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-551 | 5th Cir. | Not Argued | May 5, 2014 | N/A | Per Curiam | OT 2013 |
Holding: Because the Fifth Circuit failed to adhere to the fundamental principle that, at the summary judgment stage, reasonable inferences should be drawn in favor of the non-moving party, the decision below is vacated and remanded so that the Fifth Circuit can determine whether, when the evidence offered by the petitioner -- who was shot by the respondent, a police officer -- is properly credited and factual inferences are reasonably drawn in his favor, the police officer’s actions violated clearly established law.
| Date | Proceedings and Orders |
|---|---|
| Oct 29 2013 | Petition for a writ of certiorari filed. (Response due December 2, 2013) |
| Nov 4 2013 | Waiver of right of respondent Jeffrey Wayne Cotton to respond filed. |
| Nov 20 2013 | DISTRIBUTED for Conference of December 6, 2013. |
| Nov 26 2013 | Response Requested . (Due December 26, 2013) |
| Dec 19 2013 | Brief of respondent Jeffrey Wayne Cotton in opposition filed. |
| Dec 26 2013 | Motion for leave to file amicus brief filed by NAACP Legal Defense and Educational Fund, Inc. |
| Jan 8 2014 | DISTRIBUTED for Conference of January 24, 2014. |
| Jan 8 2014 | Reply of petitioner Robert R. Tolan filed. (Distributed) |
| Jan 24 2014 | Record Requested . |
| Jan 27 2014 | Record received from U.S.C.A. 5th Circuit. The record is electronic. |
| Jan 27 2014 | Record received from U.S.D.C. Southern District of Texas. The record is electronic. |
| Feb 10 2014 | DISTRIBUTED for Conference of February 21, 2014. |
| Feb 12 2014 | Record received from U.S.D.C. Southern District of Texas (2 boxes). |
| Feb 24 2014 | DISTRIBUTED for Conference of February 28, 2014. |
| Mar 3 2014 | DISTRIBUTED for Conference of March 7, 2014. |
| Mar 10 2014 | DISTRIBUTED for Conference of March 21, 2014. |
| Mar 24 2014 | DISTRIBUTED for Conference of March 28, 2014. |
| Mar 31 2014 | DISTRIBUTED for Conference of April 4, 2014. |
| Apr 7 2014 | DISTRIBUTED for Conference of April 18, 2014. |
| Apr 21 2014 | DISTRIBUTED for Conference of April 25, 2014. |
| Apr 28 2014 | DISTRIBUTED for Conference of May 2, 2014. |
| May 5 2014 | Motion for leave to file amicus brief filed by NAACP Legal Defense and Educational Fund, Inc. GRANTED. |
| May 5 2014 | Petition GRANTED. Judgment VACATED and case REMANDED. Opinion per curiam. Justice Alito, with whom Justice Scalia joins, concurring in the judgment. (Detached Opinions) |
| Jun 6 2014 | JUDGMENT ISSUED. |
(cont’d) 2. Those interested in who leaked the draft should wonder why Alexander Ward — a national security reporter — shares the byline. The leaker would insist that their identity be incredibly tightly held. Politico would not assign someone who didn’t have to be on the story.
Two final thoughts. 1. Politico reports that the 5 original votes to overturn Roe are “unchanged *as of this week*,” but does not report (and the leaker would know) that they have all said they will join the Alito opinion. At least 1 is apparently uncommitted. Hence the leak?
The scene outside the Supreme Court tonight. Photos by @katieleebarlow.
It's remarkable, the leak of what appears to be an initial draft majority opinion. SCOTUS generally has kept its secrets and has kept confidential its internal processes and deliberations. But the Court does occasionally leak, and it has leaked before about Roe v. Wade. 1/x
The @politico bombshell and the leaked opinion overturning Roe v. Wade in a TikTok minute.
Will the outrage among supporters of Roe — reflected in a massive amount of written commentary on every detail of the Alito draft majority opinion in the coming weeks — become the ultimate crowdsourced draft dissent?