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

Tuesday, February 21, 2023

SCOTUS Order List

The justices are back in session.  

As expected, the order list was low drama.  Among the cases not taken is the one covered in the now famous Onion brief cited here, which also discusses the two Internet-related cases covered in the oral arguments this week.  Gorsuch felt under the weather, so took part from home on Monday.  

Justice Jackson (with Sotomayor) had a dissent from cert. Justice Jackson is beginning to have a style with these brief, crisp criminal justice-themed dissents:

Petitioner Quartavious Davis alleged, and the Eleventh Circuit did not dispute, that he satisfied the first prong of the Strickland ineffective-assistance-of-counsel standard because his attorney failed to initiate plea negotiations with the Government.

I wish one of them had more to say before silently going along in nearly all of the recent executions that reached the Supreme Court since last fall.  

Jackson also implied on the first day of the Internet-related oral arguments (it went nearly three hours, which is too long for something scheduled for something like a third of that)  that she was more open than some others to allow for more room to litigate.  Some find that troubling. 

I am fairly libertarian-minded regarding the Internet. Nonetheless, there might be some middle ground open here.  

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