#SCOTUS, October 17, 2016.pic.twitter.com/pwylviNATS
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#SCOTUS took no action on Gloucester v. GG, the trans student's case.
So, school board's petition remains pending, likely to be reconsidered at a future conference or meaning that someone's writing a dissent.
#SCOTUS grants no new cases this morning.
#SCOTUS denies cert in Elmore v. Holbrook, a capital case out of Washington. Justice Sotomayor, joined by Ginsburg, dissents.
In Gloucester Cty School Bd case, the lack of action from #SCOTUS means the school can continue to bar Grimm from boys' restroom for now.
This is so bc #SCOTUS stayed a lower court's injunction against school's anti-trans policy while it considers whether to hear the appeal.
There is no conference this Friday. The justices' next conference is set for Oct. 28. #SCOTUS
Here is today's #SCOTUS orders list, including the dissent from denial of cert in Elmore: https://www.supremecourt.gov/orders/courtorders/101716zor_o7jq.pdf …
Following up on Sotomayor's dissent from Elmore today. Notably, she wanted a summary reversal of his death sentence.pic.twitter.com/Fvbw7UIEYo
That seems to me to be the mostly likely reason why only Ginsburg joined her dissent from denial of cert. #SCOTUS
Sotomayor's dissent is an ineffective assistance of counsel (Sixth Amendment), not cruel/unusual punishment (Eighth Amendment), dissent.pic.twitter.com/s11UAGsbqh
Is Sotomayor going to be the court's big defender of an expanded vision of the Sixth Amendment now (she also wrote Hurst, recall)?
Breyer has objected to the whole Sixth Amendment line of cases that preceded Hurst; concurring eventually on Eighth Amendment grounds.
Just re-read his Apprendi dissent — joined by Rehnquist! He was so dismayed: "'~why~ would the Constitution contain such a requirement'?"
Reminder: Conservatives' big win post-Scalia was Utah v. Strieff. Breyer joined the conservatives in 4th Am case.https://www.buzzfeed.com/chrisgeidner/supreme-court-weakens-protections-against-unconstitutional-p?utm_term=.wn7qyO7Bz3#.jeL6j70rgP …
In any event, that's what I'm thinking about in Elmore today. Not surprising to see Breyer staying away from Sotomayor's dissent here.
Maybe Kagan voted for cert but didn't join Sotomayor's dissent b/c she didn't think summary reversal was appropriate — we don't know!
Justices don't release their votes on cert or stays. They can pen dissents, but don't have to do so, so we often don't know the vote.
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