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Lackey v. Stinnie

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Docket No. Op. Below Argument Opinion Vote Author Term
23-621 4th Cir. Oct 8, 2024
 TBD TBD TBD OT 2024

Issues: (1) Whether a party must obtain a ruling that conclusively decides the merits in its favor, as opposed to merely predicting a likelihood of later success, to prevail on the merits under 42 U.S.C. § 1988; and (2) whether a party must obtain an enduring change in the parties’ legal relationship from a judicial act, as opposed to a non-judicial event that moots the case, to prevail under Section 1988.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 27 2023Application (23A390) to extend the time to file a petition for a writ of certiorari from November 5, 2023 to November 20, 2023, submitted to The Chief Justice.
Nov 01 2023Application (23A390) granted by The Chief Justice extending the time to file until November 20, 2023.
Nov 20 2023Petition for a writ of certiorari filed. (Response due January 8, 2024)
Jan 05 2024Brief amici curiae of Georgia, et al. filed.
Jan 24 2024DISTRIBUTED for Conference of 2/16/2024.
Jan 29 2024Response Requested. (Due February 28, 2024)
Feb 28 2024Brief of respondents Damian Stinnie, et al. in opposition filed.
Mar 19 2024Reply of petitioner Gerald F. Lackey, in his Official Capacity as the Commissioner of the Virginia Department of Motor Vehicles filed. (Distributed)
Mar 20 2024DISTRIBUTED for Conference of 4/12/2024.
Apr 15 2024DISTRIBUTED for Conference of 4/19/2024.
Apr 22 2024Petition GRANTED.
Apr 24 2024Motion for an extension of time to file the briefs on the merits filed.
Apr 29 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 20, 2024. The time to file respondents' brief on the merits is extended to and including August 5, 2024.
Jun 20 2024Brief of petitioner Gerald F. Lackey, in his Official Capacity as the Commissioner of the Virginia Department of Motor Vehicles filed.
Jun 20 2024Joint appendix filed. (Statement of costs filed)
Jun 27 2024Brief amicus curiae of United States filed.
Jun 27 2024Brief amici curiae of Local Government Legal Center, et al. filed.
Jun 27 2024Brief amici curiae of Georgia, et al. filed.
Jun 27 2024Brief amicus curiae of University of Florida Board of Trustees filed.
Jul 08 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 26 2024SET FOR ARGUMENT on Tuesday, October 8, 2024.
Jul 26 2024Record requested from the United States Court of Appeals for the Fourth Circuit.
Aug 01 2024Sealed material from the United States District Court for the Western District of Virginia electronically available with the Clerk. The remainder of the record is available on PACER.
Aug 01 2024Record received from the United States Court of Appeals for the Fourth Circuit. The record is electronic and is available on PACER.
Aug 05 2024Brief of respondents Damian Stinnie, et al. filed.
Aug 08 2024CIRCULATED
Aug 12 2024Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
Aug 12 2024Brief amici curiae of Lawyers’ Committee For Civil Rights Under Law, et al. filed. (Distributed)
Aug 12 2024Brief amici curiae of Christian Legal Society, et al. filed.(Corrected & reprinted) (Distributed)
Aug 12 2024Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Aug 12 2024Brief amici curiae of Firearms Policy Coalition, Inc. and FPC Action Foundation filed. (Distributed)
Aug 12 2024Brief amici curiae of Alliance Defending Freedom and Americans for Prosperity Foundation filed. (Distributed)
Aug 12 2024Brief amici curiae of Institute for Free Speech, et al. filed. (Distributed)
Aug 12 2024Brief amici curiae of Foundation for Individual Rights and Expression and First Amendment Lawyers Association filed. (Distributed)
Aug 12 2024Brief amicus curiae of New Jersey State Bar Association filed. (Distributed)
Aug 12 2024Brief amicus curiae of First Liberty Institute filed. (Distributed)
Aug 19 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Sep 04 2024Reply of petitioner Gerald F. Lackey, in his Official Capacity as the Commissioner of the Virginia Department of Motor Vehicles filed. (Distributed)
Oct 08 2024Argued. For petitioner: Erika L. Maley, Solicitor General, Richmond, Va.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Brian D. Schmalzbach, Richmond, Va.