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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Monday, November 06, 2017

SCOTUS Watch: Shadow Docket Time

Before possible full opinions, SCOTUS handed down two per curiams that amounted to more "shadow docket" AEDPA error correction, three liberal justices speaking separately to note on the merits the death penalty case has some juice. The potshot [comments] at one judge being involved in multiple cases is telling: out of probably thousands of cases, her popping up repeatedly is damn curious. As to AEDPA, one problem here is that it limits development of the issues, which might raise constitutional problems regarding the role of the lower federal courts [state courts still can decide] to flesh out the few cases SCOTUS decides.

ETA: A brief authored unanimous technical opinion was handed down. Oyez.com has opinion announcements up; Trinity Lutheran and Ziglar has strong dissents from the bench. This stuff should be on its own website.

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Thanks for your .02!