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Nance v. Ward

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Docket No. Op. Below Argument Opinion Vote Author Term
21-439 11th Cir. Apr 25, 2022 Jun 23, 2022 5-4 Kagan OT 2021

Holding: Title 42 U.S.C. § 1983 is the procedural vehicle appropriate for a prisoner’s method-of-execution claim even if an order granting the relief requested would necessitate a change in state law.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Kagan on June 23, 2022. Justice Barrett filed a dissenting opinion, in which Justices Thomas, Alito, and Gorsuch joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 17 2021Petition for a writ of certiorari filed. (Response due October 22, 2021)
Sep 23 2021Motion to extend the time to file a response from October 22, 2021 to November 22, 2021, submitted to The Clerk.
Sep 24 2021Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
Oct 22 2021Motion of Legal Scholars and Academics for leave to file amicus brief not accepted for filing. (October 25, 2021)
Oct 22 2021Motion for leave to file amici brief filed by Legal Scholars and Academics.
Nov 22 2021Brief of respondents Comm'r, Georgia Department of Corrections, et al. in opposition filed.
Dec 07 2021Reply of petitioner Michael Nance filed. (Distributed)
Dec 08 2021DISTRIBUTED for Conference of 1/7/2022.
Jan 10 2022DISTRIBUTED for Conference of 1/14/2022.
Jan 14 2022Motion for leave to file amici brief filed by Legal Scholars and Academics GRANTED.
Jan 14 2022Petition GRANTED.
Feb 16 2022Motion to dispense with printing the joint appendix filed by petitioner Michael Nance.
Feb 22 2022Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 25 2022Brief of petitioner Michael Nance filed.
Mar 04 2022Brief amici curiae of Legal Scholars filed.
Mar 04 2022Brief amici curiae of American Civil Liberties Union, et al. filed.
Mar 04 2022Brief amicus curiae of United States filed.
Mar 14 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Mar 15 2022ARGUMENT SET FOR Monday, April 25, 2022.
Mar 16 2022Record requested from the U.S.C.A. 11th Circuit.
Mar 17 2022The record received from the U.S.D.C. Northern District of Georgia (Atlanta) has been electronically filed.
Mar 17 2022The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer.
Mar 23 2022CIRCULATED
Mar 28 2022Brief of respondents Ward, Commissioner, Georgia Department of Corrections, et al. filed. (Distributed)
Mar 31 2022Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara filed. (Distributed)
Apr 04 2022Brief amici curiae of Texas, et al. filed. (Distributed)
Apr 14 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Apr 15 2022Reply of petitioner Michael Nance filed. (Distributed)
Apr 25 2022Argued. For petitioner: Matthew S. Hellman, Washington, D. C.; and Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Stephen J. Petrany, Solicitor General, Atlanta, Ga.
Jun 23 2022Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Sotomayor, and Kavanaugh, JJ., joined. Barrett, J., filed a dissenting opinion, in which Thomas, Alito, and Gorsuch, JJ., joined.
Jul 25 2022JUDGMENT ISSUED