dissents and concurrences from denial of cert.

[Bryan Wildenthal]

One famous example (perhaps justifying this reply to the full list) is
Justice Ginsburg's concurrence in the denial of cert. in the Minnesota case
involving religion-based peremptory jury challenges.  There was a somewhat
extensive dissent from the denial by Thomas, as I recall, arguing that the
Court's race/gender-based peremptory cases required extension to religion.
I can't recall the case name offhand, but I believe it was in 1994.  It was
somewhat unusual to have the merits discussed, both pro and con, in opinions
concurring and dissenting from cert denial (a rather clear signal, I would
think, that the case was cert-worthy and should have been resolved on the
merits).

Bryan Wildenthal,
Thomas Jefferson School of Law

> -----Original Message-----
> From: earl maltz [mailto:emaltz at CRAB.RUTGERS.EDU]
> Sent: Wednesday, November 28, 2001 9:42 AM
> To: CONLAWPROF at listserv.ucla.edu
> Subject: dissents and concurrences from denial of cert.
>
>
> I have a vague recollection that there are a couple of cases
> in which the
> denial of cert. was accompanied not only by one or more
> dissents, but also
> by a concurrence in the denial.  I would appreciate it if anyone could
> supply me with the name of one or more of such cases.
> Offlist replies are
> fine.
>
> Thanks for the help.
>