Off to #SCOTUS, where we have orders at 9:30a, including any new grants, and a bankruptcy case (Merit Management v. FTI Consulting) at 10a.
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Per curiam,
#SCOTUS reverses two lower court decisions in prisoners' favor for failing to meet AEDPA "clearly established" law standards.Show this thread -
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.
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In Dunn v. Madison, Ginsburg (joined by Breyer and Sotomayor) says AEDPA limits review. Breyer writes sepaately, to raise his Lackey issues.
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Lackey is a case — often raised by Breyer — about whether delays in execution can create constitutional problems.
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The 9th Circuit case — Cuero — is about a withdrawn plea deal and the rights that go along with that.
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The 11th Circuit case — Madison — is about whether a person who doesn't remember committing a murder is competent to be executed.
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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 …Show this thread -
Breyer ends today's concurrence saying, again,
#SCOTUS should "reconsider ... the constitutionality of the death penalty itself."Show this thread -
Today, however, he calls the issue of the constitutionality itself "the root cause of the problem" in questions about the death penalty.
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#SCOTUS has a case posing that question — the constitutionality of the death penalty itself — before it (@neal_katyal is seeking cert) now.Show this thread -
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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End of conversation
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