Votes
Argument analysis: As Kennedy goes… (flag)
www.scotusblog.com — Analysis Justice Anthony M. Kennedy’s reputation as a “swing” vote in the Supumereme Court is well known, and frequently validated. It is not often, though, that the tendency to swing is evident as early as the oral argument in a case. But on Monday, in the space of an hour, ...

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Does a criminal defendant have a right to confront lab chemists?
Althouse — Lyle Denniston reports on the oral argument in Melendez-Diaz v. Massachusetts: [Justice Kennedy] foresaw ”a very substantial burden” on the prosecution and on the courts, and told counsel advocating for confrontation that he was significantly underestimating the impact. But, as the hearing moved along, Kennedy saw as “a very important point” that California has not experienced such a burden and “gets along all right” with summoning lab analysts to the stand with some frequency...I like the implicit federalism point here. Just as state ...

Justices Consider Case Over Presentation of Lab Evidence; Hear Argument Over Meaning Of Criminal Law Provisions
ACSBlog: The Blog of the American Constitution Society — ... statutory interpretation in U.S. v. Hayes. The BLT: The Blog of Legal Times reported that argument in the case was “dense with debate over rules of grammar … aimed at figuring out what Congress meant when it passed a statute in 1996 that expanded the scope of a law that makes it a crime for those convicted of felonies to possess a firearm.” For more about yesterday’s arguments, see Scotusblog here and here. 

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