No. 19-1348
Alfred Bourgeois, et al. v. William P. Barr, Attorney General, et al.
Amici (2)
Experienced Counsel
Tags: administrative-law agency-deference agency-rule capital-case death-penalty execution-protocol federal-death-penalty-act federal-law notice-and-comment procedural-rule statutory-interpretation
Key Terms:
AdministrativeLaw ERISA SocialSecurity Punishment Securities
AdministrativeLaw ERISA SocialSecurity Punishment Securities
Latest Conference:
2020-06-25
Question Presented (AI Summary)
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
Question Presented (from Petition)
QUESTIONS PRESENTED (CAPITAL CASE) 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. 3. Whether a protocol that dictates the manner in which a prisoner will be executed is a “procedural rule” exempt from notice and comment. (i)
Docket Entries
2020-06-29
Application (19A1050) referred to the Court.
2020-06-29
Petition DENIED. Justice Ginsburg and Justice Sotomayor would grant the petition for a writ of certiorari.
2020-06-29
Application (19A1050) denied by the Court. Justice Ginsburg and Justice Sotomayor would grant the application for stay.
2020-06-22
DISTRIBUTED for Conference of 6/25/2020.
2020-06-22
Reply of petitioner Alfred Bourgeois, et al. filed. (Distributed)
2020-06-19
Brief of respondents William P. Barr, Attorney General, et al. in opposition filed. (Distributed)
2020-06-19
Brief amici curiae of Administrative Law Scholars filed. (Distributed)
2020-06-18
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. <i>Amicus curiae</i> briefs may be filed on or before 5 p.m., Friday, June 19, 2020.
2020-06-17
Reply of applicant James H. Roane, Jr., et al. filed.
2020-06-17
Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners James H. Roane, Jr., et al.
2020-06-15
Response to application from respondents Barr, Att'y Gen., et al. filed.
2020-06-11
Response to application (19A1050) requested by The Chief Justice, due Wednesday, June 17, by 3 p.m.
2020-06-10
Application (19A1050) for a stay of mandate pending the disposition of the petition for a writ of certiorari, submitted to The Chief Justice.
2020-06-05
Petition for a writ of certiorari filed. (Response due July 9, 2020)
Attorneys
Administrative Law Scholars
Jaime Ann Santos — Goodwin Procter LLP, Amicus
Jaime Ann Santos — Goodwin Procter LLP, Amicus
Alfred Bourgeois, et al.
Catherine Emily Stetson — Hogan Lovells US LLP, Petitioner
Catherine Emily Stetson — Hogan Lovells US LLP, Petitioner
William Barr, et al.
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent