Well, well. And the SCOTUS Blog hasn’t mentioned it yet. Scooped ’em.
We still don’t think it’s the right “vehicle”, as they say. And the death penalty lends unnecessary drama.
But, the plot thickens.
Meanwhile, Justice Kagan’s opinion is fairly predictable, and as she indicates probably shared by everyone on the SCOTUS: leave it to the specialists. That is, the Supreme Court has a “specialized bar” and they don’t want to hear from outsiders. We’re not as hostile to that idea as you might think. But neither do we want to go into all that right now. Maybe later. But without going into the subject at length, the fact that the Justices’ preference is that no one arguing before them has ever tried a case to a jury for a disfavored litigant – that is, “lawyers” just like them – reflects a profound institutional weakness. We have no suggestions at the moment to address this, but we’ll think about it and get back to you.