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April 7, 2006

Justice Alito jumps into the pool

Tony Mauro reports in this article that "Supreme Court Justice Samuel Alito Jr., like his predecessor Sandra Day O'Connor, has joined the justices' so-called "cert pool" ­-- leaving John Paul Stevens once again as the only justice not participating in the controversial case-pooling arrangement."  As I have suggested in a series of prior posts (assembled below), I fear that the undue SCOTUS emphasis on capital cases could be a by-product of clerk interest and the operation of the cert pool. 

Some related prior posts:

UPDATE: Orin Kerr and his commentors add some additional thoughts on this important (and under-explored) topic here.

April 7, 2006 at 09:37 AM | Permalink


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