Legal Commentary

Today?s Interesting Line-Up

By Jonathan H. Adler

This morning the Supreme Court released another 5?4 opinion with an interesting line-up of justices. In Magwood v. Patterson, which considered whether a habeas petitioner?s challenge to resentencing after the grant of a habeas petition is an unreviewable ?second or successive claim,? Justice Thomas wrote the opinion for the Court, siding with the habeas petitioner and joined by Justices Stevens, Scalia, Breyer, and Sotomayor.  Justice Kennedy dissented, joined by the Chief Justice, Justice Alito, and Justice GInsburg.  SCOTUSWiki has more on the case here.

Full post as published by The Volokh Conspiracy on June 24, 2010 (boomark / email).