#SCOTUS, Nov. 6, 2017.pic.twitter.com/6g4PmH1WOw
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Per curiam, #SCOTUS reverses two lower court decisions in prisoners' favor for failing to meet AEDPA "clearly established" law standards.
The first is Kernan v. Cuero, out of the 9th Circuit, reversed & remanded. The second is Dunn v. Madison, out of the 11th Circuit, reversed.
In Dunn v. Madison, Ginsburg (joined by Breyer and Sotomayor) says AEDPA limits review. Breyer writes sepaately, to raise his Lackey issues.
Lackey is a case — often raised by Breyer — about whether delays in execution can create constitutional problems.
The 9th Circuit case — Cuero — is about a withdrawn plea deal and the rights that go along with that.
The 11th Circuit case — Madison — is about whether a person who doesn't remember committing a murder is competent to be executed.
Here is the full #SCOTUS orders list, with the per curiam decisions beginning on page 9: https://www.supremecourt.gov/orders/courtorders/110617zor_aplc.pdf …
Breyer ends today's concurrence saying, again, #SCOTUS should "reconsider ... the constitutionality of the death penalty itself."
Today, however, he calls the issue of the constitutionality itself "the root cause of the problem" in questions about the death penalty.
#SCOTUS has a case posing that question — the constitutionality of the death penalty itself — before it (@neal_katyal is seeking cert) now.
Here's my August report on that cert petition:https://www.buzzfeed.com/chrisgeidner/a-top-lawyer-asks-the-supreme-court-to-hear-a-case-to-end?utm_term=.buyLByXaN#.duyxDerPE …
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