#SCOTUS grants no new cases this morning.
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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
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