October Term 2019 · Docket 18-8369
Does a dismissal without prejudice count as a strike under the Prison Litigation Reform Act?
Prisoners argue that dismissals without prejudice should not count as strikes. The government argues that the statute counts all dismissals.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
the side that brought the case argues that the statute uses a familiar legal phrase.
the opposing side argues that the text is straightforward and clear.
the side that brought the case claims that dismissals without prejudice lack finality.
the opposing side claims that the law aims to reduce court burdens.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 10, lines 49-49 — Transcript, file page 10, lines 49-49
- Official Supreme Court Transcript — file page 12, lines 39-51 — Transcript, file page 12, lines 39-51
- Official Supreme Court Transcript — file page 13, lines 55-53 — Transcript, file page 13, lines 55-53
- Official Supreme Court Transcript — file page 15, lines 53-23 — Transcript, file page 15, lines 53-23
- Official Supreme Court Transcript — file page 16, lines 45-51 — Transcript, file page 16, lines 45-51
- Official Supreme Court Transcript — file page 17, lines 55-21 — Transcript, file page 17, lines 55-21
- Official Supreme Court Transcript — file page 18, lines 55-7 — Transcript, file page 18, lines 55-7
- Official Supreme Court Transcript — file page 19, lines 11-21 — Transcript, file page 19, lines 11-21
- Official Supreme Court Transcript — file page 30, lines 55-43 — Transcript, file page 30, lines 55-43
- Official Supreme Court Transcript — file page 4, lines 11-21 — Transcript, file page 4, lines 11-21
- Official Supreme Court Transcript — file page 4, lines 23-31 — Transcript, file page 4, lines 23-31
- Official Supreme Court Transcript — file page 45, lines 7-7 — Transcript, file page 45, lines 7-7
- Official Supreme Court Transcript — file page 47, lines 23-33 — Transcript, file page 47, lines 23-33
- Official Supreme Court Transcript — file page 6, lines 33-49 — Transcript, file page 6, lines 33-49
- Official Supreme Court Transcript — file page 8, lines 31-7 — Transcript, file page 8, lines 31-7
- Official Supreme Court Transcript — file page 9, lines 47-47 — Transcript, file page 9, lines 47-47
- Official Supreme Court Transcript — file page 9, lines 49-11 — Transcript, file page 9, lines 49-11
A citizen's guide to the whole case
What this case is about
The case concerns the Prison Litigation Reform Act. It limits prisoner lawsuits. The law requires a filing fee after three strikes. The parties dispute what counts as a strike. They argue over the meaning of the word dismissed.
Official sources for this section
- Official Supreme Court Transcript — file page 30, lines 55-43 — Transcript, file page 30, lines 55-43
- Official Supreme Court Transcript — file page 4, lines 23-31 — Transcript, file page 4, lines 23-31
- Official Supreme Court Transcript — file page 45, lines 7-7 — Transcript, file page 45, lines 7-7
- Official Supreme Court Transcript — file page 47, lines 23-33 — Transcript, file page 47, lines 23-33
How the case got here
The Supreme Court heard oral argument in this case on February 26, 2020.
Official sources for this section
- Official Supreme Court Transcript — file page 4, lines 11-21 — Transcript, file page 4, lines 11-21
What each side wants
the side that brought the case wants the Court to exclude dismissals without prejudice from the strike count.
the opposing side wants the Court to include all dismissals in the strike count.
Official sources for this section
- Official Supreme Court Transcript — file page 30, lines 55-43 — Transcript, file page 30, lines 55-43
- Official Supreme Court Transcript — file page 4, lines 23-31 — Transcript, file page 4, lines 23-31
- Official Supreme Court Transcript — file page 45, lines 7-7 — Transcript, file page 45, lines 7-7
- Official Supreme Court Transcript — file page 47, lines 23-33 — Transcript, file page 47, lines 23-33
What each side says
the side that brought the case argues that the phrase was dismissed has a specific legal meaning.
the opposing side argues that the statute uses the ordinary meaning of the word dismissed.
Official sources for this section
- Official Supreme Court Transcript — file page 30, lines 55-43 — Transcript, file page 30, lines 55-43
- Official Supreme Court Transcript — file page 4, lines 23-31 — Transcript, file page 4, lines 23-31
- Official Supreme Court Transcript — file page 45, lines 7-7 — Transcript, file page 45, lines 7-7
- Official Supreme Court Transcript — file page 47, lines 23-33 — Transcript, file page 47, lines 23-33
What the justices asked
Chief Justice Roberts asked about the different levels of blameworthiness between dismissal types.
Justice Sotomayor asked about the distinction between jurisdictional bars and other dismissals.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 49-49 — Transcript, file page 10, lines 49-49
- Official Supreme Court Transcript — file page 12, lines 39-51 — Transcript, file page 12, lines 39-51
- Official Supreme Court Transcript — file page 13, lines 55-53 — Transcript, file page 13, lines 55-53
- Official Supreme Court Transcript — file page 15, lines 53-23 — Transcript, file page 15, lines 53-23
- Official Supreme Court Transcript — file page 16, lines 45-51 — Transcript, file page 16, lines 45-51
- Official Supreme Court Transcript — file page 17, lines 55-21 — Transcript, file page 17, lines 55-21
- Official Supreme Court Transcript — file page 18, lines 55-7 — Transcript, file page 18, lines 55-7
- Official Supreme Court Transcript — file page 19, lines 11-21 — Transcript, file page 19, lines 11-21
- Official Supreme Court Transcript — file page 6, lines 33-49 — Transcript, file page 6, lines 33-49
- Official Supreme Court Transcript — file page 8, lines 31-7 — Transcript, file page 8, lines 31-7
- Official Supreme Court Transcript — file page 9, lines 47-47 — Transcript, file page 9, lines 47-47
- Official Supreme Court Transcript — file page 9, lines 49-11 — Transcript, file page 9, lines 49-11
Why it matters
The outcome determines when prisoners must pay filing fees. It affects the cost of filing lawsuits in federal courts. It shapes the balance between access to courts and judicial resources.
Official sources for this section
- Official Supreme Court Transcript — file page 30, lines 55-43 — Transcript, file page 30, lines 55-43
- Official Supreme Court Transcript — file page 4, lines 23-31 — Transcript, file page 4, lines 23-31
- Official Supreme Court Transcript — file page 45, lines 7-7 — Transcript, file page 45, lines 7-7
- Official Supreme Court Transcript — file page 47, lines 23-33 — Transcript, file page 47, lines 23-33
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 49-49 — Transcript, file page 10, lines 49-49
- Official Supreme Court Transcript — file page 12, lines 39-51 — Transcript, file page 12, lines 39-51
- Official Supreme Court Transcript — file page 13, lines 55-53 — Transcript, file page 13, lines 55-53
- Official Supreme Court Transcript — file page 15, lines 53-23 — Transcript, file page 15, lines 53-23
- Official Supreme Court Transcript — file page 16, lines 45-51 — Transcript, file page 16, lines 45-51
- Official Supreme Court Transcript — file page 17, lines 55-21 — Transcript, file page 17, lines 55-21
- Official Supreme Court Transcript — file page 18, lines 55-7 — Transcript, file page 18, lines 55-7
- Official Supreme Court Transcript — file page 19, lines 11-21 — Transcript, file page 19, lines 11-21
- Official Supreme Court Transcript — file page 4, lines 11-21 — Transcript, file page 4, lines 11-21
- Official Supreme Court Transcript — file page 6, lines 33-49 — Transcript, file page 6, lines 33-49
- Official Supreme Court Transcript — file page 8, lines 31-7 — Transcript, file page 8, lines 31-7
- Official Supreme Court Transcript — file page 9, lines 47-47 — Transcript, file page 9, lines 47-47
- Official Supreme Court Transcript — file page 9, lines 49-11 — Transcript, file page 9, lines 49-11
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 30, lines 55-43 — Transcript, file page 30, lines 55-43
- Official Supreme Court Transcript — file page 4, lines 23-31 — Transcript, file page 4, lines 23-31
- Official Supreme Court Transcript — file page 45, lines 7-7 — Transcript, file page 45, lines 7-7
- Official Supreme Court Transcript — file page 47, lines 23-33 — Transcript, file page 47, lines 23-33
- Official Supreme Court Transcript — file page 30, lines 55-43 — Transcript, file page 30, lines 55-43
- Official Supreme Court Transcript — file page 4, lines 23-31 — Transcript, file page 4, lines 23-31
- Official Supreme Court Transcript — file page 45, lines 7-7 — Transcript, file page 45, lines 7-7
- Official Supreme Court Transcript — file page 47, lines 23-33 — Transcript, file page 47, lines 23-33
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.