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Linda Greenhouse on Justice Breyer’s Dissent in EMA: “most unusual judicial performance”

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2 Responses

  1. Joe says:

    His dissent was bad, but Stevens was pretty wrong in Texas v. Johnsen too. The concern here is a trend.

    Greenhouse also:

    “Most regressive decision: In a competitive category, I’ll give the nod to a little-noticed decision the court issued just a week ago. By a vote of 5 to 4, with an unsigned opinion speaking for the majority, the court denied a temporary stay of execution to a Texas death-row inmate despite the urgent pleas of the federal government and the government of Mexico.”

    Yet one more case where Breyer was a leading voice in a case concerning the death penalty. This was more a matter of international law, but in other cases, he strongly spoke out on the issue, including via dissents from cert. concerning those on death row for decades.

    If we want to single out, why not single out the case where he along with Justice Ginsburg went beyond the other liberals? After all, Orin Kerr argued the case. It isn’t that obscure.

  2. Joe says:

    The case cited is actually covered in a separate entry on this blog. This only underlines a complete look at Breyer would easily provide a different view than provided by a selective one.

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