Bourgeois v. Barr
Petition for certiorari denied on June 29, 2020
Issue: (1) Whether the phrase "prescribed by the law of the State" in 18 U.S.C. § 3596(a) includes those procedures that state law requires state officials to establish; (2) whether a court may uphold an agency rule based on an interpretation the agency never advanced when formulating the rule and specifically disclaimed when defending it; and (3) whether a protocol that dictates the manner in which a prisoner will be executed is a "procedural rule" exempt from notice and comment.
SCOTUSblog Coverage
- Petitions of the week (Andrew Hamm, June 23, 2020)
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- Federal death-row inmates ask court to put on hold D.C. Circuit ruling that would allow executions to proceed (Updated) (Amy Howe, June 11, 2020)
- Justices refuse to allow federal government to carry out executions for now (Amy Howe, December 7, 2019)
- Federal government asks justices to allow executions to go forward (Amy Howe, December 3, 2019)
| Date | Proceedings and Orders |
|---|---|
| 06/05/2020 | Petition for a writ of certiorari filed. (Response due July 9, 2020) |
| 06/10/2020 | Application (19A1050) for a stay of mandate pending the disposition of the petition for a writ of certiorari, submitted to The Chief Justice. |
| 06/11/2020 | Response to application (19A1050) requested by The Chief Justice, due Wednesday, June 17, by 3 p.m. |
| 06/15/2020 | Response of Barr, William P., et al. to application not accepted for filing. (June 15, 2020) |
| 06/15/2020 | Response to application from respondents Barr, Att'y Gen., et al. filed. |
| 06/17/2020 | Reply of applicant James H. Roane, Jr., et al. filed. |
| 06/17/2020 | Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners James H. Roane, Jr., et al. |
| 06/18/2020 | The motion to expedite consideration of the petition for a writ of certiorari is granted. Respondents are directed to file a response to the petition on or before 5 p.m., Friday, June 19, 2020. Petitioners may file a reply brief on or before 5 p.m., Monday, June 22, 2020. Amicus curiae briefs may be filed on or before 5 p.m., Friday, June 19, 2020. |
| 06/19/2020 | Brief of respondents William P. Barr, Attorney General, et al. in opposition filed. (Distributed) |
| 06/19/2020 | Brief amici curiae of Administrative Law Scholars filed. (Distributed) |
| 06/22/2020 | DISTRIBUTED for Conference of 6/25/2020. |
| 06/22/2020 | Reply of petitioner Alfred Bourgeois, et al. filed. (Distributed) |
| 06/29/2020 | Application (19A1050) referred to the Court. |
| 06/29/2020 | Petition DENIED. Justice Ginsburg and Justice Sotomayor would grant the petition for a writ of certiorari. |
| 06/29/2020 | Application (19A1050) denied by the Court. Justice Ginsburg and Justice Sotomayor would grant the application for stay. |