Bucklew v. Precythe
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 17-8151 | Nov 6, 2018 | Apr 1, 2019 | 5-4 | Gorsuch | OT 2018 |
Holding: Baze v. Rees and Glossip v. Gross govern all Eighth Amendment challenges alleging that a method of execution inflicts unconstitutionally cruel pain; Russell Bucklew"s as-applied challenge to Missouri"s single-drug execution protocol -- that it would cause him severe pain because of his particular medical condition -- fails to satisfy the Baze-Glossip test.
Judgment: Affirmed, 5-4, in an opinion by Justice Gorsuch on April 1, 2019. Justice Thomas and Justice Kavanaugh filed concurring opinions. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined as to all but Part III. Justice Sotomayor filed a dissenting opinion.
SCOTUSblog Coverage
- Symposium: The Supreme Court turns against novel or late-breaking execution challenges (Edmund LaCour, July 29, 2019)
- Opinion analysis: Divided court rejects lethal-injection challenge by inmate with rare medical condition (Amy Howe, April 1, 2019)
- OT2018 #7: "Now Who's the Legal Realist?" (First Mondays, November 12, 2018)
- Argument analysis: Relatively subdued court is divided in lethal-injection case (Amy Howe, November 6, 2018)
- Argument preview: Justices to consider another lethal-injection challenge, this time by inmate with complicated medical history (Amy Howe, October 31, 2018)
- OT2018 #0: "Looks A Lot Like Grift" (First Mondays, September 24, 2018)
- Criminal cases in the October 2018 term: A law professors dream (Rory Little, September 18, 2018)
- OT2017 #24: "Kudos To Whoever Did This" (First Mondays, May 7, 2018)
- Justices add three new cases to next terms docket (Amy Howe, April 30, 2018)
- Justices block Missouri execution (Amy Howe, March 21, 2018)
| Date | Proceedings and Orders |
|---|---|
| 03/15/2018 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2018) |
| 03/15/2018 | Application (17A911) for a stay of execution of sentence of death, submitted to Justice Gorsuch. |
| 03/16/2018 | Brief of respondents Anne Precythe, et al. in opposition filed. |
| 03/19/2018 | Reply of petitioner Russell Bucklew filed. |
| 03/20/2018 | Application (17A911) referred to the Court. |
| 03/20/2018 | Application (17A911) granted by the Court. The application for stay of execution of sentence of death presented to Justice Gorsuch and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. The Chief Justice, Justice Thomas, Justice Alito, and Justice Gorsuch would deny the application for stay of execution. |
| 03/22/2018 | DISTRIBUTED for Conference of 4/13/2018. |
| 04/06/2018 | Brief amici curiae of The American Civil Liberties Union, et al. filed. (Distributed) |
| 04/16/2018 | DISTRIBUTED for Conference of 4/20/2018. |
| 04/23/2018 | DISTRIBUTED for Conference of 4/27/2018. |
| 04/30/2018 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. In addition to the questions presented in the petition, the parties are directed to brief and argue the following Question: Whether petitioner met his burden under Glossip v. Gross, 576 U. S. ____ (2015), to prove what procedures would be used to administer his proposed alternative method of execution, the severity and duration of pain likely to be produced, and how they compare to the State's method of execution. |
| 05/08/2018 | Motion for an extension of time filed. |
| 05/16/2018 | Motion to extend the time to file the joint appendix and petitioner's brief on the merits granted and the time is extended to and including July 16, 2018. |
| 06/26/2018 | Blanket Consent filed by Petitioner, Russell Bucklew |
| 07/06/2018 | Blanket Consent filed by Respondent, Anne Precythe, et al. |
| 07/16/2018 | Brief of petitioner Russell Bucklew filed. |
| 07/16/2018 | Joint appendix (2 volumes) filed. (Statement of costs filed) |
| 07/16/2018 | Petitioner's Unopposed Motion to File Joint Appendix -- Volume III Under Seal of Russell Bucklew not accepted for filing. (Amended motion submitted.) (August 15, 2018) |
| 07/20/2018 | Brief amici curiae of The American Civil Liberties Union, et al. filed. |
| 07/23/2018 | Brief amicus curiae of Pharmacy, Medicine, and Health Policy Experts filed. |
| 07/23/2018 | Brief amici curiae of Former Corrections Officials filed. |
| 07/23/2018 | Brief amicus curiae of Association for Accessible Medicines in support of neither party filed. |
| 07/23/2018 | Brief amici curiae of Scholars and Academics of Constitutional Law filed. |
| 07/23/2018 | Brief amicus curiae of Megan McCracken and Jennifer Moreno filed. |
| 07/23/2018 | Brief amicus curiae of Former Judges and Prosecutors filed. |
| 07/23/2018 | Brief amicus curiae of American Medical Association in support of neither party filed. |
| 08/15/2018 | Motion to file Volume III of the joint appendix under seal with redacted copy of transcript for public record filed by petitioner Russell Bucklew. |
| 08/15/2018 | Brief of respondent Anne Precythe, et al. filed. |
| 08/20/2018 | SET FOR ARGUMENT on Tuesday, November 6, 2018 |
| 08/22/2018 | DISTRIBUTED for Conference of 9/24/2018. |
| 08/22/2018 | Brief amici curiae of States of Texas, Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Mississippi, Nebraska, South Carolina, Tennessee, Utah, Wyoming filed. (Distributed) |
| 08/22/2018 | Brief amici curiae of Arizona Voice for Crime Victims, Inc., and Melissa Sanders filed. (Distributed) |
| 09/06/2018 | Lodging proposal of petitioner filed. (Distributed) |
| 09/10/2018 | Record requested from the U.S.C.A. 8th Circuit. |
| 09/10/2018 | Opposition of respondent to lodging proposal of petitioner filed. (Distributed) |
| 09/12/2018 | CIRCULATED |
| 09/14/2018 | Reply of petitioner Russell Bucklew filed. (Distributed) |
| 09/19/2018 | Record received from the U.S.C.A. 8th Circuit. The record is complete. (1 Box). |
| 10/01/2018 | Motion to file Volume III of the joint appendix under seal with redacted copy of transcript for public record GRANTED. |
| 10/19/2018 | Motion to appoint counsel filed by petitioner Russell Bucklew. |
| 10/31/2018 | DISTRIBUTED for Conference of 11/16/2018. |
| 11/06/2018 | Argued. For petitioner: Robert Hochman, Chicago, Ill. For respondents: D. John Sauer, State Solicitor, Jefferson City, Mo. |
| 11/19/2018 | Motion to appoint counsel filed by petitioner GRANTED, and Cheryl A. Pilate, Esquire, of Kansas City, Missouri, is appointed to serve as counsel for the petitioner in this case. |
| 04/01/2019 | Adjudged to be AFFIRMED. Gorsuch, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/18pdf/17-8151_new_0pm1.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Thomas, Alito, and Kavanaugh, JJ., joined. Thomas, J., and Kavanaugh, J., filed concurring opinions. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined as to all but Part III. Sotomayor, J., filed a dissenting opinion. |
| 05/03/2019 | JUDGMENT ISSUED. |
| 08/05/2019 | the record from the U.S.C.A. 8th Circuit has been returned. |