|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|14-10376||6th Cir.||N/A||N/A||N/A||N/A||OT 2015|
Issue: (1) Whether the Sixth Circuit’s ruling – that the lack of Supreme Court case law holding that references to a victim’s pregnancy when the pregnancy is not an issue at trial violates due process means no “clearly established” law exists for purposes of 28 U.S.C. §2254(d) – conflicts with this Court’s rulings holding that “clearly established” law does not require a case with an identical fact pattern but instead includes legal principles and standards flowing from precedent and general standards designed to apply to a myriad of factual situations; and (2) whether this Court’s standard that a state evidentiary ruling can be so egregious as to deny a defendant fundamental fairness and thus violate the federal due process clause is broad enough to constitute “clearly established” law that applies when the prosecution introduces irrelevant evidence of a victim’s pregnancy; and, if so, whether the evidence regarding the victim’s pregnancy and the prosecutor’s ensuing argument are “contrary to” or an “unreasonable application of” this “clearly established” law.
|Date||Proceedings and Orders |
|Jun 18 2015||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 23, 2015)|
|Jul 20 2015||Order extending time to file response to petition to and including September 21, 2015.|
|Sep 21 2015||Brief of respondent Randy White, Warden in opposition filed.|
|Sep 28 2015||Reply of petitioner Roger L. Wheeler filed.|
|Oct 7 2015||DISTRIBUTED for Conference of October 30, 2015.|
|Nov 2 2015||DISTRIBUTED for Conference of November 6, 2015.|
|Nov 9 2015||DISTRIBUTED for Conference of November 13, 2015.|
|Nov 13 2015||Record Requested .|
|Nov 16 2015||DISTRIBUTED for Conference of November 24, 2015.|
|Nov 17 2015||Record received from the U.S.C.A. for the 6th Circuit. The record is electronic and available on PACER.|
|Nov 30 2015||DISTRIBUTED for Conference of December 4, 2015.|
|Nov 30 2015||Record received from the U.S.D.C. for the Western District of Kentucky. The record is electronic and available on PACER.|
|Dec 7 2015||DISTRIBUTED for Conference of December 11, 2015.|
|Dec 14 2015||Petition DENIED.|
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).