What a start to the work week.
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Arthur's case has been awaiting action since CJ Roberts provided a "courtesy fifth" vote in support of a stay of execution in early Nov.
Sotomayor: "We should not be proud of this history. ... I dissent." https://assets.documentcloud.org/documents/3469164/Arthur-SCOTUS-Sotomayor-dissent.pdf …
#SCOTUS grants cert in one case, Rodney Class v. US.
Alright, I'm headed upstairs for Hernández v. Mesa argument! Back later.
First take out of Hernández v. Mesa: Have a theory of your case before you get up for arguments, and be ready to answer hypotheticals.
Breyer did all the work today. Big question is if he can convince Kennedy that allowing a Bivens claim here is not extending Bivens.
Looks like @OrinKerr agrees with me, at least as to the petitioners' counsel.
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