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 …
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Replying to @chrisgeidner
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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Replying to @chrisgeidner
That seems to me to be the mostly likely reason why only Ginsburg joined her dissent from denial of cert.
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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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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Replying to @chrisgeidner
Breyer has objected to the whole Sixth Amendment line of cases that preceded Hurst; concurring eventually on Eighth Amendment grounds.
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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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.
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Replying to @chrisgeidner
We have made the Supreme Court into a Mt. Olympus when it's true nature seems to resemble Tartarus!!
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