|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Issues: (1) Whether the U.S. Court of Appeals for the 6th Circuit violated Federal Rule of Civil Procedure 52(a)(6) when it failed to apply the proper, heightened and deferential standard to the district court’s expert witness credibility determination; and (2) whether the 6th Circuit usurped the district court’s expert witness gatekeeping function when it held that the district court should have credited the testimony of Johnny Phillips’s expert — and granted Phillips’s petition — simply because that testimony was not blatantly self-serving or dishonest.
|Date||Proceedings and Orders |
|Mar 05 2021||Petition for a writ of certiorari filed. (Response due April 8, 2021)|
|Mar 11 2021||Waiver of right of respondent Johnny Phillips to respond filed.|
|Mar 16 2021||DISTRIBUTED for Conference of 4/1/2021.|
|Mar 29 2021||Response Requested. (Due April 28, 2021)|
|Apr 22 2021||Motion to extend the time to file a response from April 28, 2021 to May 28, 2021, submitted to The Clerk.|
|Apr 23 2021||Motion to extend the time to file a response is granted and the time is extended to and including May 28, 2021.|
|Apr 26 2021||Supplemental brief of petitioner Anna Valentine filed.|
|May 28 2021||Brief of respondent Johnny Phillips in opposition filed.|
|Jun 16 2021||DISTRIBUTED for Conference of 9/27/2021.|
A surprising stat at this point in the term: Both Kagan and Breyer have been in the majority slightly more often than Alito.
Kavanaugh continues to have the highest rate (as he has for most of the term). Sotomayor has the lowest.
Still 15 cases left. So this could all change.
The first two pieces in our symposium on yesterday's decision in Fulton v. Philadelphia are up. First, @JimOleske dissects the decision in light of the court's shadow-docket ruling in Tandon v. Newsom, which took a very different approach to free exercise.
Fulton quiets Tandon’s thunder: A free exercise puzzle - SCOTUSblog
This article is the first entry in a symposium on the court’s decision in Fulton v. City of Philadelphia. ...
Number of pages written by each justice in the five decisions handed down this week (majority opinions, concurrences, and dissents all included):
While today's decision in Fulton v. Philadelphia is a win for a Catholic group seeking to participate in the city's foster program, it stops short of the broad endorsement of religious freedom the challengers had hoped for. Here's @AHoweBlogger's analysis:
Court holds that city’s refusal to make referrals to faith-based agency violates Constitution - SCOTUSblog
In a clash between religious freedom and public policies that protect LGBTQ people, the Supreme Court ruled Thursday...
Now do we say that Sonia Sotomayor and the other liberals supported child slavery by all voting for Nestle today? Of course not. And Nestle’s lawyers like @Neal_katyal obviously don’t either. The cheap attacks on the court and thoughtful lawyers did not age well. -tg
The claim @nealkatyal was defending slavery is flat wrong & libelous. Here is what he actually said, which is the reverse: child slavery is abhorrent, criminal, horrific. Remember in a pending case he can't comment, so read what he really said in full.
Tired from this morning's momentous opinions? Get ready to do it all again next week -- three times. The court just revealed that next Monday, Wednesday and Friday will all be opinion days.
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