|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-292||10th Cir.||Oct 14, 2020||Mar 25, 2021||5-3||Roberts||OT 2020|
Holding: The application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and is not subdued.
Judgment: Vacated and remanded, 5-3, in an opinion by Chief Justice Roberts on March 25, 2021. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Alito joined. Justice Barrett took no part in the consideration or decision of this case.
|Date||Proceedings and Orders |
|Jul 08 2019||Application (19A45) to extend the time to file a petition for a writ of certiorari from July 31, 2019 to August 30, 2019, submitted to Justice Sotomayor.|
|Jul 15 2019||Application (19A45) granted by Justice Sotomayor extending the time to file until August 30, 2019.|
|Aug 30 2019||Petition for a writ of certiorari filed. (Response due October 4, 2019)|
|Oct 02 2019||Brief amici curiae of The American Civil Liberties Union and the ACLU of New Mexico, filed.|
|Oct 03 2019||Brief amicus curiae of Cato Institute filed.|
|Oct 03 2019||Waiver of right of respondent Janice Madrid, et al. to respond filed.|
|Oct 04 2019||Brief amici curiae of Fourth Amendment Scholars filed.|
|Oct 04 2019||Brief amicus curiae of The Rutherford Institute filed.|
|Oct 09 2019||DISTRIBUTED for Conference of 11/1/2019.|
|Oct 10 2019||Response Requested. (Due November 12, 2019)|
|Nov 12 2019||Brief of respondents Janice Madrid, et al. in opposition filed.|
|Nov 25 2019||Reply of petitioner Roxanne Torres filed.|
|Nov 26 2019||DISTRIBUTED for Conference of 12/13/2019.|
|Dec 18 2019||Petition GRANTED.|
|Jan 23 2020||Blanket Consent filed by Petitioner, Roxanne Torres.|
|Jan 23 2020||Blanket Consent filed by Respondents, Janice Madrid, et al.|
|Jan 31 2020||SET FOR ARGUMENT on Monday, March 30, 2020.|
|Jan 31 2020||Joint appendix filed.|
|Jan 31 2020||Brief of petitioner Roxanne Torres filed.|
|Feb 06 2020||Brief amicus curiae of Constitutional Accountability Center filed.|
|Feb 07 2020||Brief amici curiae of The Rutherford Institute and National Association of Criminal Defense Lawyers filed.|
|Feb 07 2020||Brief amicus curiae of NAACP Legal Defense and Educational Fund, Inc. filed.|
|Feb 07 2020||Brief amici curiae of Fourth Amendment Scholars filed.|
|Feb 07 2020||Brief amicus curiae of the United States filed.|
|Feb 07 2020||Brief amici curiae of The American Association for Justice, the Cato Institute, et al. filed.|
|Feb 07 2020||Brief amicus curiae of Restore the Fourth, Inc. filed.|
|Feb 07 2020||Brief amici curiae of American Civil Liberties Union and the ACLU of New Mexico, et al. filed.|
|Feb 19 2020||CIRCULATED|
|Feb 19 2020||Record requested from the U.S.C.A. 10th Circuit.|
|Feb 19 2020||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Feb 19 2020||The record of the USCA 10th Circuit is available on PACER.|
|Mar 02 2020||Brief of respondents Janice Madrid, et al. filed. (Distributed)|
|Mar 09 2020||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Mar 09 2020||Brief amici curiae of National Association of Counties, et al. filed. (Distributed)|
|Mar 16 2020||ORAL ARGUMENT POSTPONED.|
|Mar 25 2020||Reply of petitioner Roxanne Torres filed. (Distributed)|
|Apr 13 2020||Argument to be rescheduled for the October Term 2020.|
|Jul 13 2020||SET FOR ARGUMENT on Wednesday, October 14, 2020.|
|Oct 14 2020||Argued. For petitioner: Kelsi B. Corkran, Washington, D. C.; and Rebecca Taibleson, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Mark D. Standridge, Las Cruces, N. M.|
|Mar 25 2021||Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Breyer, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined. Barrett, J., took no part in the consideration or decision of the case.|
|Apr 26 2021||JUDGMENT ISSUED.|
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/scotusblog/status/1438530948207874050
💥 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).
Can modern art shed new light on landmark Supreme Court rulings? A recent book says yes. Artist Xavier Cortada created 10 paintings depicting SCOTUS cases, and scholars used the paintings to re-examine each case's legacy. Here's @amanda_frost1's review:
The art of justice: Re-examining landmark Supreme Court cases through expressionist paintings - SCOTUSblog
Tired of reading jargon-filled law review articles with hundreds of footnotes? The perfect antidote is Painting Consti...
NEW: The Senate Judiciary Committee will hold a hearing tomorrow on Biden's nomination of Elizabeth Prelogar to be solicitor general, the federal government's top lawyer at the Supreme Court.
In separate remarks on Sunday, two justices argued that SCOTUS is not a political body.
Justice Barrett did so in a speech in Kentucky, after being introduced by Mitch McConnell:
Justice Breyer did so in an interview on Fox News: https://www.foxnews.com/politics/supreme-court-justice-stephen-breyer-political-reforms
Barrett concerned about public perception of Supreme Court
LOUISVILLE, Ky. (AP) — Supreme Court Justice Amy Coney Barrett expressed concerns Sunday that the public may incre...
SCOTUS provides instructions to the parties in the case of John Ramirez, the death-row inmate who has requested that his pastor be permitted to lay hands on him and pray out loud in the death chamber.
#SCOTUS issued a Friday-night order outlining specific questions for inmate John Ramirez & Texas to address in their briefing in his case, which is scheduled for argument in November. The Court put Ramirez's execution on hold earlier this week: https://www.supremecourt.gov/orders/courtorders/091021zr_ap6c.pdf