Off to #SCOTUS! Orders at 9:30a. That's it! No arguments today (or the rest of this week).
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So, school board's petition remains pending, likely to be reconsidered at a future conference or meaning that someone's writing a dissent.
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#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
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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
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Is Sotomayor going to be the court's big defender of an expanded vision of the Sixth Amendment now (she also wrote Hurst, recall)?
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Breyer has objected to the whole Sixth Amendment line of cases that preceded Hurst; concurring eventually on Eighth Amendment grounds.
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Just re-read his Apprendi dissent — joined by Rehnquist! He was so dismayed: "'~why~ would the Constitution contain such a requirement'?"
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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 …
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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.
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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!
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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.
- End of conversation
New conversation -
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No cer grants either. Are they going to issue grants in the afternoon?
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Usually if there are afternoon grants they precede Monday orders. It would be unusual to have Monday p.m. grants.
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Except that is what happened last week. No grants in morning. Additional order in afternoon w/grants.
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We are not expecting any further action today.
End of conversation
New conversation -
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