Breaking: Justice Kagan is no longer participating in Jennings v. Rodriguez, hearing rights for detained immigrants, due to earlier participation in the case while SG. #SCOTUSpic.twitter.com/zJpVF8iIQ6
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This is wild. It's Nov. 10, 2017. Justice Kagan first voted (on whether to grant cert) on this case in June 2016. Since then, there was oral argument, vote, supplemental briefing, split vote, re-argument, and vote. #SCOTUS
As to the end result, this likely means a 4-4 vote that had become a 5-4 vote that will now be a 5-3 vote. (But, it would be REALLY wild if this now brought it back to a 4-4 vote for some reason!)
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