|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-636||Tex. App.||N/A||N/A||N/A||N/A||OT 2016|
Issues: (1) Whether, as Justices Ginsburg and Thomas suggested last term, this court should conduct a “fresh examination” of the “separate sovereigns” exception to the double jeopardy clause, Puerto Rico v. Sanchez Valle (Ginsburg, J., concurring); and (2) whether, as this court has previously suggested, the “separate sovereigns” exception at least should be inapplicable when state and federal prosecutors have worked so closely together that they are “in essential fact” one entity, Bartkus v. Illinois.
|Date||Proceedings and Orders |
|Aug 17 2016||Application (16A189) to extend the time to file a petition for a writ of certiorari from September 13, 2016 to November 12, 2016, submitted to Justice Thomas.|
|Aug 29 2016||Application (16A189) granted by Justice Thomas extending the time to file until November 12, 2016.|
|Nov 10 2016||Petition for a writ of certiorari filed. (Response due December 12, 2016)|
|Nov 23 2016||Waiver of right of respondent Texas to respond filed.|
|Nov 26 2016||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.|
|Dec 12 2016||Brief amici curiae of Constitutional Accountability Center, et al. filed.|
|Dec 12 2016||Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.|
|Dec 12 2016||Brief amicus curiae of Stuart Banner filed.|
|Dec 12 2016||Brief amicus curiae of Center on the Administration of Criminal Law filed.|
|Dec 21 2016||DISTRIBUTED for Conference of January 6, 2017.|
|Dec 27 2016||Response Requested . (Due January 26, 2017)|
|Jan 24 2017||Order extending time to file response to petition to and including March 3, 2017.|
|Mar 2 2017||Order further extending time to file response to petition to and including March 17, 2017.|
|Mar 17 2017||Brief of respondent Texas in opposition filed.|
|Apr 4 2017||Reply of petitioner Calvin Gary Walker filed.|
|Apr 5 2017||DISTRIBUTED for Conference of April 21, 2017.|
|Apr 24 2017||Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.|
#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).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050