Decided
Baze v. Rees
Judgment
Affirmed, in an opinion by John Roberts on Apr 16, 2008.
Merits briefs
- Brief for Petitioner Ralph Baze, et al.
- Brief for Respondent John D. Rees, et al.
- Reply Brief for Petitioner Ralph Baze, et al.
- Joint Appendix Volume IV
Amicus briefs
- Brief for the American Civi Liberties Union of Kentucky and the Rutherford Institute in Support of Petitioner
- Brief for Fordham University School of Law, Louis Stein Center for Law and Ethics in Support of Petitioner
- Brief for Critical Care Providers and Clinical Ethicists in Support of Petitioner
- Brief for Drs. Kevin ConCannon, Dennis Geiser, Carolyn Kerr, Glen Pettifer, and Sheilah Robertson in Support of Petitioner
- Brief for Michael Morales, Michael Taylor, Vernon Evans Jr., and John Gary Hardwick Jr. in Support of Petitioner
- Brief for the Human Rights Watch in Support of Petitioner
- Brief for the American Association of Jewish Lawyers and Jurists in Support of Petitioner
- Brief for the Anesthesia Awareness Campaign, Inc. in Support of Neither Party
- Brief for the American Society of Anesthesiologists in Support of Neither Party
- Brief for the Criminal Justice Legal Foundation in Support of Respondent
- Brief for the United States of America in Support of Respondent
- Brief for Texas, Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Kansas, Mississippi, South Carolina, South Dakota, Tennessee, Utah and Wyoming in Support of Respondent
Certiorari filings
Related Coverage
Jul 11, 2007Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2007)
Aug 20, 2007Brief of respondents John D. Rees, Commissioner, Kentucky Department of Corrections, et al. in opposition filed.
Aug 21, 2007Reply of petitioners Ralph Baze, et al. filed.
Aug 30, 2007DISTRIBUTED for Conference of September 24, 2007.
Sep 6, 2007Supplemental reply brief of petitioners Ralph Baze, et al. filed. (Distributed)
Sep 7, 2007Supplemental brief of petitioners Ralph Baze, et al. filed. (Distributed)
Sep 25, 2007Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. The brief of petitioners is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, November 5, 2007. The brief of respondents is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, December 3, 2007. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, December 28, 2007. Briefs of amici curiae are to be filed with the Clerk and served upon counsel for the parties on or before 2 p.m., 7 days after the brief for the party supported is filed, or if in support of neither party, within 7 days after the petitioner's brief is filed.
Oct 3, 2007The order granting the petition for a writ of certiorari is amended as follows: The motion of petitioners for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted limited to Questions 1, 2, and 3 presented by the petition. The brief of petitioners is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, November 5, 2007. The brief of respondents is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, December 3, 2007. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, December 28, 2007. Briefs of amici curiae are to be filed with the Clerk and served upon counsel for the parties on or before 2 p.m., 7 days after the brief for the party supported is filed, or if in support of neither party, within 7 days after the petitioners' brief is filed.
Oct 29, 2007Motion for leave to file Volume IV of the joint appendix under seal filed by petitioners Ralph Baze, et al.
Nov 5, 2007Brief of petitioners Ralph Baze, et al. filed.
Nov 5, 2007Joint appendix filed, Volumes 1 - III. (Statement of costs received)
Nov 8, 2007Brief amici curiae of American Civil Liberties Union, et al. filed.
Nov 12, 2007Brief amici curiae of Critical Care Providers and Clinical Ethicists filed.
Nov 13, 2007Brief amicus curiae of Anesthesia Awareness Campaign, Inc. in Support of Neither Party filed.
Nov 13, 2007Brief amicus curiae of American Association of Jewish Lawyers and Jurists filed.
Nov 13, 2007Brief amici curiae of Michael Morales, Michael Taylor, Vernon Evans, Jr., and John Gary Hardwick, Jr. filed.
Nov 13, 2007Brief amicus curiae of Human Rights Watch filed.
Nov 13, 2007Brief amicus curiae of Fordham University School of Law, Louis Stein Center for Law and Ethics filed.
Nov 13, 2007Brief amici curiae of Drs. Kevin Concannon, et al. filed.
Nov 13, 2007Brief amicus curiae of American Society of Anesthesiologists in Support of Neither Party filed.
Nov 16, 2007SET FOR ARGUMENT ON Monday, January 7, 2008.
Nov 19, 2007CIRCULATED.
Nov 19, 2007Received from counsel 1 Large binder containing printed transcripts.
Nov 21, 2007Response to motion of petitioner to file volume IV of the joint appendix under seal requested. (Response to motion due December 3, 2007)
Dec 3, 2007Brief of respondents John D. Rees, Commissioner, Kentucky Department of Corrections, et al. filed. (Distributed)
Dec 3, 2007Motion DISTRIBUTED for Conference of December 7, 2007.
Dec 3, 2007Response to motion of petitioner to file volume IV of the joint appendix under seal filed. (Distributed)
Dec 5, 2007Reply of petitioners to response to motion to file volume IV of the joint appendix under seal filed. (Distributed)
Dec 5, 2007Letter of proposal to LODGE copies of a transcript from Dr. Dershwitz' trial deposition in Harbison v. Little, received from counsel for respondents.
Dec 7, 2007Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
Dec 7, 2007Brief amici curiae of Texas, et al. filed.
Dec 7, 2007Letter of opposition to respondents' lodging proposal received from counsel for petitioners.
Dec 10, 2007Motion for leave to file Volume IV of the joint appendix under seal GRANTED.
Dec 10, 2007Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 10, 2007Brief amicus curiae of United States filed. (Distributed)
Dec 10, 2007Record received from Supreme Court of Kentucky. (1 box)
Dec 10, 2007Record received from Franklin County Kentucky Circuit Court. (2 boxes)
Dec 18, 2007Letter from counsel for respondents received.
Dec 27, 2007Lodging proposal of respondents approved by Clerk of Court.
Dec 28, 2007Reply of petitioners Ralph Baze, et al. filed. (Distributed)
Jan 4, 2008Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 7, 2008Argued. For petitioners: Donald B. Verrilli, Jr., Washington, D.C. For respondents: Roy T. Englert, Jr., Washington, D.C.; and Gregory G. Garre, Deputy Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)
Apr 9, 2008Redacted Version of Joint appendix Volume IV filed. (Distributed)
Apr 9, 2008Letter of respondent John D. Rees, Commissioner, Kentucky Department of Corrections, et al. filed. (Distributed)
Apr 16, 2008Adjudged to be AFFIRMED. Roberts, C.J., announced the judgment of the Court and delivered an opinion, in which Kennedy and Alito, JJ., joined. Alito, J., filed a concurring opinion. Stevens, J., filed an opinion councurring in the judgment. Scalia, J., filed an opinion concurring in the judgment, in which Thomas, J., joined. Thomas, J., filed an opinion concurring in the judgment, in which Scalia, J., joined. Breyer, J., filed an opinion concurring in the judgment. Ginsubrg, J., filed a dissenting opinion, in which Souter, J., joined.
May 19, 2008MANDATE ISSUED.
May 22, 2008Record returned to the Supreme Court of Kentucky.
May 22, 2008Record returned to Franklin County Kentucky Circuit Court.
Recommended Citation: Baze v. Rees, SCOTUSblog, https://www.scotusblog.com/cases/baze-v-rees/