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:
N/A
Question Presented (from Petition)
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.
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
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
Alfred Bourgeois, et al.
Catherine Emily Stetson — Hogan Lovells US LLP, Petitioner
William Barr, et al.
Noel J. Francisco — Solicitor General, Respondent