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By Kent Scheidegger et al.

U.S. Asks Supreme Court to Rehear Kennedy v. Louisiana: Last week, Louisiana asked the U.S. Supreme Court to rehear the 5-4 decision of Kennedy v. Louisiana. Today, Lyle Denniston at SCOTUSblog reports that the Justice Department has filed a motion asking the Supreme Court for leave to file an amicus brief and urging the Supreme Court to rehear Kennedy. Curiously, the Justice Department's brief makes no mention of Supreme Court Rule 37.3(a), which states: "The Clerk will not file a reply brief for an amicus curiae in support of, or in opposition to, a petition for rehearing." Normally, the Solicitor General's Office does not have to motion for leave to file an amicus brief, but in this case, the Justice Department motions "pursuant to Rule 21 for leave to file this brief as amicus curiae in support of rehearing...continue to full post

Full post as published by Crime and Consequences on July 28, 2008 (boomark / email).