Bourgeois v. Barr
Petition for certiorari denied on June 29, 2020
Issues: (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)
- Court fast-tracks federal death penalty dispute (Amy Howe, June 18, 2020)
- 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 6, 2019)
- Federal government asks justices to allow executions to go forward (Amy Howe, December 2, 2019)
| Date | Proceedings and Orders (key to color coding) |
|---|
| Jun 05 2020 | Petition for a writ of certiorari filed. (Response due July 9, 2020) |
| Jun 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. |
| Jun 11 2020 | Response to application (19A1050) requested by The Chief Justice, due Wednesday, June 17, by 3 p.m. |
| Jun 15 2020 | Response of Barr, William P., et al. to application not accepted for filing. (June 15, 2020) |
| Jun 15 2020 | Response to application from respondents Barr, Att'y Gen., et al. filed. |
| Jun 17 2020 | Reply of applicant James H. Roane, Jr., et al. filed. |
| Jun 17 2020 | Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners James H. Roane, Jr., et al. |
| Jun 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. |
| Jun 19 2020 | Brief of respondents William P. Barr, Attorney General, et al. in opposition filed. (Distributed) |
| Jun 19 2020 | Brief amici curiae of Administrative Law Scholars filed. (Distributed) |
| Jun 22 2020 | DISTRIBUTED for Conference of 6/25/2020. |
| Jun 22 2020 | Reply of petitioner Alfred Bourgeois, et al. filed. (Distributed) |
| Jun 29 2020 | Application (19A1050) referred to the Court. |
| Jun 29 2020 | Petition DENIED. Justice Ginsburg and Justice Sotomayor would grant the petition for a writ of certiorari. |
| Jun 29 2020 | Application (19A1050) denied by the Court. Justice Ginsburg and Justice Sotomayor would grant the application for stay. |
