|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|18-431||5th Cir.||Apr 17, 2019||Jun 24, 2019||5-4||Gorsuch||OT 2018|
Holding: Title 18 U. S. C. §924(c)(3)(B), which provides enhanced penalties for using a firearm during a “crime of violence,” is unconstitutionally vague.
Judgment: Affirmed in part, vacated in part, and remanded, 5-4, in an opinion by Justice Gorsuch on June 24, 2019. Justice Kavanaugh filed a dissenting opinion, in which Justices Thomas and Alito joined, and in which Chief Justice Roberts joined as to all but Part II-C.
|Date||Proceedings and Orders |
|Oct 03 2018||Petition for a writ of certiorari filed. (Response due November 2, 2018)|
|Oct 16 2018||Letter of October 16, 2018 from the Solicitor General filed.|
|Oct 22 2018||Motion to extend the time to file a response from November 2, 2018 to December 3, 2018, submitted to The Clerk.|
|Oct 25 2018||Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2018.|
|Nov 01 2018||Motion to extend the time to file a response from November 2, 2018 to December 3, 2018, submitted to The Clerk.|
|Nov 05 2018||Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2018.|
|Nov 30 2018||Brief of respondent Andre Levon Glover in opposition filed.|
|Nov 30 2018||Motion for leave to proceed in forma pauperis filed by respondent Andre Levon Glover.|
|Nov 30 2018||Brief of respondent Maurice Lamont Davis in opposition filed.|
|Dec 03 2018||Motion for leave to proceed in forma pauperis filed by respondent Maurice Lamont Davis.|
|Dec 19 2018||DISTRIBUTED for Conference of 1/4/2019.|
|Dec 19 2018||Reply of petitioner United States filed. (Distributed)|
|Jan 04 2019||Motion for leave to proceed in forma pauperis filed by respondent Maurice Lamont Davis GRANTED.|
|Jan 04 2019||Motion for leave to proceed in forma pauperis filed by respondent Andre Levon Glover GRANTED.|
|Jan 04 2019||Petition GRANTED.|
|Jan 29 2019||Motion to dispense with printing the joint appendix filed by petitioner United States.|
|Feb 11 2019||SET FOR ARGUMENT on Wednesday, April 17, 2019|
|Feb 12 2019||Brief of petitioner United States filed.|
|Feb 19 2019||Motion to dispense with printing the joint appendix filed by petitioner GRANTED.|
|Mar 14 2019||Brief of Maurice Lamont Davis, et al. not accepted for filing. (Corrected brief submitted.) (March 18, 2019)|
|Mar 14 2019||Brief of respondents Maurice Lamont Davis, et al. filed.|
|Mar 20 2019||CIRCULATED|
|Mar 21 2019||Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)|
|Mar 21 2019||Record requested from the U.S.C.A. 5th Circuit.|
|Mar 21 2019||Brief amicus curiae of FAMM filed. (Distributed)|
|Mar 21 2019||Brief amicus curiae of National Association of Federal Defenders filed. (Distributed)|
|Apr 05 2019||Reply of petitioner United States filed. (Distributed)|
|Apr 05 2019||Motion to appoint counsel filed by respondent Andre Levon Glover.|
|Apr 17 2019||Argued. For petitioner: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Brandon E. Beck, Assistant Federal Public Defender, Lubbock, Tex.|
|Apr 17 2019||Motion DISTRIBUTED for Conference of 5/9/2019.|
|May 13 2019||Motion to appoint counsel GRANTED, and J. Joseph Mongaras, Esq., of Dallas, Texas, is appointed to serve as counsel for respondent Andre L. Glover.|
|Jun 24 2019||Adjudged to be AFFIRMED IN PART, VACATED IN PART, and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined, and in which Roberts, C. J., joined as to all but Part II–C.|
|Jul 26 2019||JUDGMENT ISSUED.|
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).