|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-1672||10th Cir.||Feb 26, 2019||Jun 26, 2019||5-4||Gorsuch||OT 2018|
Holding: The U.S. Court of Appeals for the 10th Circuit’s judgment – that 18 U. S. C. §3583(k)’s last two sentences are unconstitutional and unenforceable – is vacated, and the case is remanded.
Judgment: Vacated and remanded, 5-4, in an opinion by Justice Gorsuch on June 26, 2019. Justice Gorsuch announced the judgment of the Supreme Court and delivered an opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined. Justice Breyer filed an opinion concurring in the judgment. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and Justices Thomas and Kavanaugh joined.
|Date||Proceedings and Orders |
|Apr 03 2018||Application (17A1065) to extend the time to file a petition for a writ of certiorari from April 16, 2018 to May 16, 2018, submitted to Justice Sotomayor.|
|Apr 04 2018||Application (17A1065) granted by Justice Sotomayor extending the time to file until May 16, 2018.|
|May 03 2018||Application (17A1065) to extend further the time from May 16, 2018 to June 15, 2018, submitted to Justice Sotomayor.|
|May 03 2018||Application (17A1065) granted by Justice Sotomayor extending the time to file until June 15, 2018.|
|Jun 15 2018||Petition for a writ of certiorari filed. (Response due July 16, 2018)|
|Jun 28 2018||Motion of Andre Ralph Haymond for an extension of time not accepted for filing (corrected version submitted). (June 29, 2018)|
|Jun 28 2018||Motion to extend the time to file a response from July 16, 2018 to August 15, 2018, submitted to The Clerk.|
|Jun 29 2018||Motion to extend the time to file a response is granted and the time is extended to and including August 15, 2018.|
|Aug 07 2018||Motion to extend the time to file a response from August 15, 2018 to September 14, 2018, submitted to The Clerk.|
|Aug 13 2018||Motion to extend the time to file a response is granted and the time is further extended to and including September 14, 2018.|
|Sep 13 2018||Brief of respondent Andre Ralph Haymond in opposition filed.|
|Sep 13 2018||Motion for leave to proceed in forma pauperis filed by respondent Andre Ralph Haymond.|
|Sep 26 2018||Waiver of the 14-day waiting period pursuant to Rule 15.5 filed by the Solicitor General.|
|Sep 26 2018||DISTRIBUTED for Conference of 10/12/2018.|
|Sep 26 2018||Reply of petitioner United States filed. (Distributed)|
|Oct 22 2018||DISTRIBUTED for Conference of 10/26/2018.|
|Oct 26 2018||Motion for leave to proceed in forma pauperis filed by respondent GRANTED.|
|Oct 26 2018||Petition GRANTED.|
|Nov 19 2018||Motion for an extension of time to file the briefs on the merits filed.|
|Nov 20 2018||Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 17, 2018. The time to file respondent's brief on the merits is extended to and including January 18, 2019.|
|Dec 06 2018||Motion to dispense with printing the joint appendix filed by petitioner United States.|
|Dec 17 2018||Brief of petitioner United States filed.|
|Dec 21 2018||SET FOR ARGUMENT for Tuesday, February 26, 2019.|
|Dec 21 2018||Brief amici curiae of States of Utah, et al. filed.|
|Jan 07 2019||Motion to dispense with printing the joint appendix filed by petitioner GRANTED.|
|Jan 11 2019||Record requested from the U.S.C.A. 10th Circuit.|
|Jan 15 2019||CIRCULATED|
|Jan 16 2019||Record from the U.S.C.A. 10th Circuit is electronic and located on PACER. The record is complete.|
|Jan 18 2019||Brief of respondent Andre Ralph Haymond filed. (Distributed)|
|Jan 25 2019||Blanket Consent filed by Respondent, Andre Ralph Haymond.|
|Jan 25 2019||Brief amici curiae of FAMM and the National Association of Criminal Defense Lawyers filed. (Distributed)|
|Jan 25 2019||Brief amicus curiae of Due Process Institute filed. (Distributed)|
|Jan 25 2019||Brief amici curiae of Social Science and Law Scholars filed. (Distributed)|
|Feb 01 2019||Letter Proposing Material for Lodging of Andre Ralph Haymond not accepted for filing. (Request withdrawn as record material received from Tenth Circuit. February 19, 2019)|
|Feb 14 2019||Reply of petitioner United States filed. (Distributed)|
|Feb 26 2019||Argued. For petitioner: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: William D. Lunn, Tulsa, Okla.|
|Apr 19 2019||Motion for appointment of counsel filed by respondent Andre Ralph Haymond.|
|Apr 19 2019||Affidavit of service to motion for appointment of counsel filed. (May 29, 2019)|
|May 28 2019||DISTRIBUTED for Conference of 6/13/2019.|
|Jun 17 2019||Motion to appoint counsel filed by respondent GRANTED, and William D. Lunn, Esq., of Tulsa, Oklahoma, is appointed to serve as counsel for respondent in this case.|
|Jun 26 2019||Judgment VACATED and case REMANDED. Gorsuch, J., announced the judgment of the Court and delivered an opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed an opinion concurring in the judgment. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Kavanaugh, JJ., joined.|
|Jul 29 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).