|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-6883||5th Cir.||N/A||N/A||N/A||N/A||OT 2017|
Issue: Whether—when the U.S. Court of Appeals for the 5th Circuit found that the new mitigating evidence discovered on federal habeas review was “double-edged” and could not outweigh the substantial aggravating evidence, and when it misapplied the standard for evaluating prejudice in a Wiggins claim—it denied the petitioner due process.
|Date||Proceedings and Orders |
|Nov 20 2017||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2017)|
|Dec 18 2017||Motion to extend the time to file a response from December 27, 2017 to February 25, 2018, submitted to The Clerk.|
|Dec 20 2017||Motion to extend the time to file a response is granted and the time is extended to and including February 26, 2018.|
|Feb 26 2018||Brief of respondent Lorie Davis in opposition filed.|
|Mar 12 2018||Reply of petitioner Carlos Trevino filed. (Distributed)|
|Mar 14 2018||DISTRIBUTED for Conference of 3/29/2018.|
|Apr 09 2018||DISTRIBUTED for Conference of 4/13/2018.|
|Apr 16 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||DISTRIBUTED for Conference of 5/17/2018.|
|May 21 2018||DISTRIBUTED for Conference of 5/24/2018.|
|May 29 2018||DISTRIBUTED for Conference of 5/31/2018.|
|Jun 04 2018||Petition DENIED. Justice Sotomayor, with whom Justice Ginsburg joins, dissenting from the denial of certiorari. (Detached Opinion)|
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).