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February 19, 2006

What of the lack of re-argument in the SCOTUS capital cases?

As detailed over at SCOTUSblog, the (new) Supreme Court ordered re-argument in only one case argued this Term before Justice Alito's arrival.  That leads me to wonder about what's going on in three big capital cases argued earlier this term, Kansas v. Marsh  and Oregon v. Guzek (argued on the same day in December, background here and here) and House v. Bell (argued in early January, background here and here). 

There is every reason to expect Marsh and Guzek and House to produce close votes.  After all, as detailed here, the one capital case decided already this Term, Brown v. Sanders, produced the Term's only 5-4 vote so far and had Justice O'Connor providing a deciding vote.  Moreover, as I recall, the oral arguments in these three capital cases (which can be reviewed here and here and here) suggested a divided court on a number of issues.

So, SCOTUS watchers and death penalty gurus and tea-leaf readers, what should we make of the failure to order re-argument in Marsh and Guzek and House?

February 19, 2006 at 11:22 AM | Permalink

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Comments

For now, it means that we'll know more Tuesday at 10am.

Posted by: LT | Feb 19, 2006 2:29:25 PM

"There is every reason to expect Marsh and Guzek and House to produce close votes."

On Marsh, I do not agree with your premise. It is a relatively straightforward case once the specious jurisdictional issue is dealt with. There should be at least five votes to reverse on the merits even with neither Justice O'Connor nor Justice Alito participating.

The other two are so quirky, each in its own way, that I wouldn't hazard a guess.

Posted by: Kent Scheidegger | Feb 20, 2006 9:44:33 PM

There is every reason to expect Marsh and Guzek and House to produce close votes. After all, as detailed here, the one capital case decided already this Term, Brown v. Sanders, produced the Term's only 5-4 vote so far and had Justice O'Connor providing a

Posted by: Round and Brown | Jun 30, 2010 4:43:24 AM

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