dissents and concurrences from denial of cert.

[Richard D. Friedman]

Bryan's got a good memory for dates -- the case was Davis v. Minnesota, 511
U.S. 1115 (1994).  And yes, the dissent was by Thomas (with Scalia
joining).  But Thomas did not contend that the Supreme Court should resolve
the case on the merits -- only that the decision below should be vacated
and remanded for reconsideration in light of the Court's intervening
decision in J.E.B. v. Alabama, 511 U.S. 127 (1994).

Rich Friedman
University of Michigan Law School

At 04:49 PM 11/28/2001 -0800, you wrote:
>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.
> >
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.ucla.edu/cgi-bin/mailman/private/conlawprof/attachments/20011129/525d6197/attachment.htm