|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-1414||9th Cir.||Mar 23, 2021||Jun 1, 2021||9-0||Breyer||OT 2020|
Holding: A tribal police officer has authority to detain temporarily and to search a non-Native American traveling on a public right-of-way running through a reservation for potential violations of state or federal law.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Breyer on June 1, 2021. Justice Alito filed a concurring opinion.
|Date||Proceedings and Orders |
|Jun 19 2020||Petition for a writ of certiorari filed. (Response due July 24, 2020)|
|Jul 10 2020||Motion to extend the time to file a response from July 24, 2020 to August 24, 2020, submitted to The Clerk.|
|Jul 13 2020||Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2020.|
|Jul 24 2020||Brief amici curiae of Crow Tribe of Indians, National Congress of American Indians and Other Tribal Organizations filed.|
|Jul 24 2020||Brief amici curiae of National Indigenous Women's Resource Center, et al. filed.|
|Aug 21 2020||Waiver of right of respondent Joshua James Cooley to respond filed.|
|Aug 26 2020||DISTRIBUTED for Conference of 9/29/2020.|
|Sep 15 2020||Response Requested. (Due October 15, 2020)|
|Oct 15 2020||Brief of respondent Joshua James Cooley in opposition filed.|
|Oct 15 2020||Motion for leave to proceed in forma pauperis filed by respondent Joshua James Cooley.|
|Oct 22 2020||Waiver of the 14-day waiting period under Rule 15.5 filed.|
|Oct 28 2020||DISTRIBUTED for Conference of 11/13/2020.|
|Oct 28 2020||Reply of petitioner United States filed. (Distributed)|
|Nov 16 2020||DISTRIBUTED for Conference of 11/20/2020.|
|Nov 20 2020||Motion for leave to proceed in forma pauperis filed by respondent GRANTED.|
|Nov 20 2020||Petition GRANTED.|
|Dec 18 2020||Motion for an extension of time to file the briefs on the merits filed.|
|Dec 31 2020||Motion to extend the time to file the briefs on the merits granted. The time to file the appendix and petitioner's brief on the merits is extended to and including January 8, 2021. The time to file respondent's brief on the merits is extended to and including February 12, 2021.|
|Jan 04 2021||Motion to dispense with printing the joint appendix filed by petitioner United States.|
|Jan 08 2021||Brief of petitioner United States filed.|
|Jan 14 2021||Brief amici curiae of Lower Brule Sioux Tribe, et al. filed.|
|Jan 14 2021||Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed.|
|Jan 15 2021||Brief amicus curiae of Indian Law Scholars and Professors filed.|
|Jan 15 2021||Brief amici curiae of National Congress of American Indians and Other Tribal Organizations filed.|
|Jan 15 2021||Brief amici curiae of Current and Former Members of Congress filed.|
|Jan 15 2021||Brief amici curiae of National Indigenous Women's Resource Center, et al. filed.|
|Jan 15 2021||Brief amici curiae of Cayuga Nation, et al. filed.|
|Jan 15 2021||Brief amici curiae of Former United States Attorneys filed.|
|Jan 19 2021||Motion to dispense with printing the joint appendix filed by petitioner GRANTED.|
|Feb 01 2021||SET FOR ARGUMENT on Tuesday, March 23, 2021.|
|Feb 04 2021||Record requested from the U.S.C.A. 9th Circuit.|
|Feb 04 2021||Record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.|
|Feb 12 2021||Brief of respondent Joshua James Cooley filed.|
|Feb 19 2021||Brief amici curiae of The Ninth Circuit Federal Public and Community Defenders filed. (Distributed)|
|Feb 19 2021||Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)|
|Feb 19 2021||Amicus brief of Citizens Equal Rights Foundation not accepted for filing. (Corrected brief submitted - March 22, 2021)|
|Feb 19 2021||Brief amicus curiae of Citizens Equal Rights Foundation filed. (Distributed)|
|Feb 22 2021||CIRCULATED.|
|Mar 10 2021||Motion to appoint counsel filed by respondent Joshua James Cooley.|
|Mar 12 2021||Reply of petitioner United States filed. (Distributed)|
|Mar 15 2021||Motion DISTRIBUTED for Conference of 3/19/2021.|
|Mar 19 2021||Motion to appoint counsel filed by respondent GRANTED, and Eric R. Henkel, Esquire, of Missoula, Montana, is appointed to serve as counsel for respondent in this case.|
|Mar 23 2021||Argued. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Eric R. Henkel, Missoula, Mont. (Appointed by this Court.)|
|Jun 01 2021||Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion.|
Monday's decision rejecting sentence reductions for low-level crack-cocaine offenders may have been unanimous, but @ekownyankah writes that there is far more going on than the ruling's dry textual analysis might indicate. Read his incisive analysis here:
After decades, Congress reduced the racially unjust crack/cocaine disparity... raising amounts required for prison time. Why would Congress have left small time dealers to rot in prison for decades?
My thoughts on SCOTUS's ruling in Terry v. United States:https://www.scotusblog.com/2021/06/unanimous-ruling-on-crack-cocaine-disparity-is-heavy-on-text-light-on-history/
No more SCOTUS opinions for today. There are 18 cases still outstanding from the current term, including disputes over Obamacare, religious rights and voting rights. The next opinion day that we know of is Thursday.
SCOTUS rules 9-0 that people convicted of certain low-level crack-cocaine offenses are not eligible for re-sentencing under the First Step Act, a 2018 law that made some criminal-justice reforms retroactive. Here is the opinion in Terry v. United States. https://www.supremecourt.gov/opinions/20pdf/20-5904_i4dk.pdf
SCOTUS sides with the gov in 2 cases about whether certain criminal defendants are entitled to new trials / new plea hearings as a result of the court's 2019 ruling in Rehaif v. United States which narrowed a federal law barring people with felony convictions from possessing guns
In a relatively quiet Monday morning order list, SCOTUS takes up no new cases. But it does invite the federal government to submit a brief on the pending petition that asks the justices to take up a challenge to Harvard's affirmative action policy. https://www.supremecourt.gov/orders/courtorders/061421zor_6j36.pdf
The Supreme Court will release orders at 9:30 a.m. ET followed by opinion(s?) at 10:00.
There are 21 opinions outstanding including Obamacare, LGBTQ+ rights vs. religious liberty, and student speech.
We’ll crank up the live blog at 9:25. Join us!
Announcement of orders and opinions for Monday, June 14 - SCOTUSblog
We will be live blogging on Monday, June 14, as the court releases orders from the June 10 conference and one ...
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