Comments on: U.S. Supreme Court holds off on Troy Davis decision until September http://blogs.creativeloafing.com/freshloaf/2009/06/29/us-supreme-court-holds-off-on-troy-davis-decision-until-september/ Atlanta news and views, one slice at a time Thu, 26 Nov 2009 04:08:54 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: Sara http://blogs.creativeloafing.com/freshloaf/2009/06/29/us-supreme-court-holds-off-on-troy-davis-decision-until-september/comment-page-1/#comment-106526 Sara Mon, 29 Jun 2009 20:19:03 +0000 http://blogs.creativeloafing.com/freshloaf/?p=21623#comment-106526 I think you're right that they wanted to wait and see if Sotomayor wanted to grant cert, but I'm not sure I would presume Souter was not in favor of granting it. There has been a tradition in the past of waiting to allow replacements to participate in major cases, so it may just be that they agreed it would be best to let the replacement be part of that decision. I also think the strange procedural posture (a direct habeas petition) may have played a role, in that they may have been struggling with whether to remand the case for an evidentiary hearing, deny it outright, grant certiorari over the 11th circuit decision, or hold their own evidentiary hearing. They had a lot more options to consider than they would with a normal cert petition. So, probably better to wait until a day when they weren't all rushing out of town and had time to consider their options carefully. I think you’re right that they wanted to wait and see if Sotomayor wanted to grant cert, but I’m not sure I would presume Souter was not in favor of granting it. There has been a tradition in the past of waiting to allow replacements to participate in major cases, so it may just be that they agreed it would be best to let the replacement be part of that decision.

I also think the strange procedural posture (a direct habeas petition) may have played a role, in that they may have been struggling with whether to remand the case for an evidentiary hearing, deny it outright, grant certiorari over the 11th circuit decision, or hold their own evidentiary hearing. They had a lot more options to consider than they would with a normal cert petition. So, probably better to wait until a day when they weren’t all rushing out of town and had time to consider their options carefully.

]]> By: squirt http://blogs.creativeloafing.com/freshloaf/2009/06/29/us-supreme-court-holds-off-on-troy-davis-decision-until-september/comment-page-1/#comment-106525 squirt Mon, 29 Jun 2009 19:44:08 +0000 http://blogs.creativeloafing.com/freshloaf/?p=21623#comment-106525 I read this to mean that there were three votes to hear Davis's appeal and Souter was not one of the three. They are keeping the case open until September in case Sotamayor is confirmed by then and wants to provide the fourth vote to take the case. I read this to mean that there were three votes to hear Davis’s appeal and Souter was not one of the three. They are keeping the case open until September in case Sotamayor is confirmed by then and wants to provide the fourth vote to take the case.

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