|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|10-9995||10th Cir.||Feb 27, 2012||Apr 24, 2012||9-0||Ginsburg||OT 2011|
Holding: Courts of appeals, like district courts, have the authority – but not the obligation – to raise a forfeited timeliness defense on their own initiative in exceptional cases. Because the state in this case had deliberately waived the statute of limitations defense, the court of appeals abused its discretion when it dismissed Wood’s habeas petition as untimely.
Plain English Summary: A state prisoner who is challenging his conviction in federal court on the ground that it was unconstitutional must file his challenge within one year after his state court conviction becomes final. If the prisoner files his challenge late, then the state may win a dismissal of the lawsuit simply on the grounds that the lawsuit is untimely. In this case, the Supreme Court considered whether an appellate court could dismiss the prisoner’s case because he filed his challenge too late even when the state did not argue that the lawsuit was too late. The Court held that, in exceptional cases, the lower court can dismiss the case, but it is not required to do so. Here, when the state specifically recognized that the challenge was filed late but declined to argue that the lateness warranted dismissal, the lower court should not have dismissed the lawsuit.
Judgment: Reversed, 9-0, in an opinion by Justice Ginsburg on April 24, 2012. Justice Thomas filed an opinion concurring in the judgment, which Justice Scalia joined.
Merits Briefs for the Petitioner
Merits Briefs for the Respondents
Amicus Briefs in Support of the Respondents
NEW: The Supreme Court declines to block the execution of Alabama prisoner Willie Smith, who is scheduled to be put to death by lethal injection tonight. No noted dissents, but Sotomayor adds a brief statement expressing concerns about Alabama's conduct.
NEW: Texas files its response to the Justice Department's emergency application asking the Supreme Court to block the state's six-week abortion ban.
Full brief is here: https://www.supremecourt.gov/DocketPDF/21/21A85/197064/20211021113524436_21A85_United%20States%20v.%20Texas_Opposition.pdf
Breyer is the third justice since August to turn away an emergency challenge to a vaccine mandate, without referring the issue to the full court. Earlier: Barrett declined to block Indiana University's mandate, and Sotomayor declined to block NYC's mandate for school employees.
Justice Stephen Breyer turns down request to block enforcement of Maine's COVID-19 vaccine mandate for healthcare workers, although he leaves open possibility that plaintiffs can return to #SCOTUS after the court of appeals acts: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/21a83.html
Where do things stand at the Supreme Court with the two pending challenges to the Texas anti-abortion law? Here's an explainer from @katieleebarlow in a Tik Tok minute.
#SCOTUS grants request by Texas abortion providers to fast-track consideration of petition for cert before judgment in challenge to SB8. Response from Texas is due by noon on Thursday -- same time as Texas's response to US filing today. Order is here: https://www.supremecourt.gov/orders/courtorders/101821zr1_2c8f.pdf
BREAKING: The Justice Department has filed its emergency application asking the Supreme Court to block Texas' six-week abortion ban.
The filing is here: https://www.supremecourt.gov/DocketPDF/21/21A85/196650/20211018120230336_US%20v.%20Texas%20application%20final.pdf
NEW: The Justice Department, as expected, says it plans to ask the Supreme Court to block enforcement of the Texas law that bans abortions after six weeks of pregnancy.