The Court last week decided to end months of speculation in Louisiana v. Kennedy when it struck down a motion for rehearing and simply issued a revised opinion. The move is not unprecedented but it is extremely unusual and done only in very specific circumstances. The modified opinion can be found here.

Justice Kennedy wrote an order discussion his alterations to the opinion (here) and Justice Scalia wrote a statement in response (here.) Justice Kennedy was joined by each of the four members who had joined his original majority opinion and Justice Scalia was joined by the Chief Justice.

It is important to note that in his statement accompanying the dismissal of the motion for rehearing Justice Scalia notes that he had voted against rehearing because “the views of the American people on the death penalty for child rape were, to tell the truth, irrelevant to the majority’s decision in this case.” Only Justices Alito and Thomas had voted in favor of rehearing.


Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Categories

Random Posts

  • Supreme Court Justices: Age at Retirement: Using the still-fabulous Supreme Court Compendium data set, I've thrown together a chart plotting the ages of each Justice at retirement. I ...
  • First Opinion Stats: As we wait for the first opinion of the term, I thought it would be interesting to take a look at the first signed opinion released in recen...
  • Traitors to the Cause: 6-3 decisions are, statistically speaking, the least common vote split. Frequently, those cases split along the ideological lines that are s...
  • Updated Term Charts: Starting this week, I'll be posting my updated charts on SCOTUSblog. You can find the first SB version of my charts here. More spec...
  • Nearly Final Term Statistics and Advocate Scorecard: My goal was to publish the final term statistics today, but because the Court will hear rearguments in Citzens United and likely issue an op...