Friday, November 02, 2007

What does the Supreme Court really do?

SCOTUSblog writes What does the Supreme Court really do?. Apparently the oral arguments on Wed for Danforth v. Minnesota were really interesting.

"The exchanges — it actually was a debate — among the Justices came so swift and came with such energy that one of the arguing lawyers was left simply silent at the podium for a noticeable spell — only to have the silence turned into a humorous moment when Chief Justice John G. Roberts, Jr., quipped: “I think you’re handling these questions very well.” The Danforth case is what non-lawyers would think of as a case about a legal technicality. Put in lay language, the issue is this: if the Supreme Court recognizes a new right, but says some people do not get to benefit from it, can state courts say, ‘Oh, yes, they do’? Put as lawyers would, the issue is: if the Supreme Court recognizes a new rule of criminal procedure, but says it will not apply retroactively, are state courts free to say that — at least in our state — it will apply to cases that were final before the ruling came down? It is, in short, all about retroactivity doctrine, and how it works."

Update: Much more info here.

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