Off to #SCOTUS! Orders at 9:30a. That's it! No arguments today (or the rest of this week).
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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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