Mitchell v. Wisconsin

Docket No.	Argument	Opinion	Vote	Author	Term
18-6210	Apr 23, 2019	Jun 27, 2019	5-4	Alito	OT 2018

Holding: The Wisconsin Supreme Court"s judgment " affirming the drunk-driving convictions of Gerald Mitchell, who was administered a warrantless blood test while he was unconscious " is vacated, and the case is remanded.

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Alito on June 27, 2019. Justice Thomas filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justices Ginsburg and Kagan joined. Justice Gorsuch filed a dissenting opinion.

SCOTUSblog Coverage

Opinion analysis: Court upholds warrantless blood tests for unconscious drunk-driving suspects (Amy Howe, June 28, 2019)
A view from the courtroom: With respect but deep sadness (Mark Walsh, June 27, 2019)
Argument analysis: Justices debate warrantless blood draw for unconscious drunk driver (Amy Howe, April 23, 2019)
Argument preview: Justices to weigh constitutionality of state law allowing blood test of unconscious drivers without a warrant (Amy Howe, April 18, 2019)
OT2018 #15: "Second Best Opinion" (First Mondays, January 21, 2019)
Eight new grants, Ginsburg recovery from surgery on track (Amy Howe, January 11, 2019)

Date	Proceedings and Orders (key to color coding)
10/01/2018	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 5, 2018)
10/16/2018	Motion to extend the time to file a response from November 5, 2018 to December 5, 2018, submitted to The Clerk.
10/18/2018	Motion to extend the time to file a response is granted and the time is extended to and including December 5, 2018.
12/05/2018	Brief of respondent Wisconsin in opposition filed.
12/19/2018	Reply of petitioner Gerald P. Mitchell filed. (Distributed)
12/20/2018	DISTRIBUTED for Conference of 1/4/2019.
01/07/2019	DISTRIBUTED for Conference of 1/11/2019.
01/11/2019	Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
02/11/2019	SET FOR ARGUMENT on Tuesday, April 23, 2019
02/18/2019	Blanket Consent filed by Petitioner, Gerald P. Mitchell.
02/18/2019	Blanket Consent filed by Respondent, Wisconsin
02/25/2019	Joint appendix filed.
02/25/2019	Brief of petitioner Gerald P. Mitchell filed.
02/26/2019	Brief amicus curiae of California DUI Lawyers Association filed.
03/01/2019	Brief amicus curiae of National College for DUI Defense, Inc. filed.
03/04/2019	Supplemental proof of service of amicus California DUI Lawyers Association filed.
03/04/2019	Brief amici curiae of The Rutherford Institute and the Cato Institute filed.
03/04/2019	Brief amicus curiae of Restore the Fourth, Inc. filed.
03/04/2019	Brief amici curiae of The DKT Liberty Project, Reason Foundation, and The Due Process Institute filed.
03/04/2019	Brief amici curiae of the American Civil Liberties Union and ACLU of Wisconsin filed.
03/04/2019	Brief amicus curiae of DUI Defense Lawyers Association filed.
03/20/2019	CIRCULATED
03/27/2019	Brief of respondent Wisconsin filed. (Distributed)
04/03/2019	Brief amici curiae of National Conference of State Legislatures, et al. filed. (Distributed)
04/03/2019	Brief amicus curiae of Mothers Against Drunk Driving filed. (Distributed)
04/03/2019	Brief amici curiae of League of Wisconsin Municipalities, et al. filed. (Distributed)
04/03/2019	Brief amici curiae of State of Colorado, et al. filed. (Distributed)
04/16/2019	Reply of petitioner Gerald P. Mitchell filed. (Distributed)
04/23/2019	Argued. For petitioner: Andrew R. Hinkel, Assistant State Public Defender, Madison, Wis. For respondent: Hannah S. Jurss, Assistant Attorney General, Madison, Wis.
06/27/2019	Judgment VACATED and case REMANDED. Alito, J., announced the judgment of the Court and delivered an opinion, in which Roberts, C. J., and Breyer and Kavanaugh, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Sotomayor, J., filed a dissenting opinion, in which Ginsburg and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion.
07/29/2019	MANDATE SSUED.
07/29/2019	JUDGMENT ISSUED.