28 April 2010

SCOTUS Speculation

John Elwood has some speculation on who may be writing the last few cases left from the October and November sessions of the U.S. Supreme Court, based upon which Justices have yet to write opinions from those sessions.

Most of it is of interest only to SCOTUS junkies and law wonks, but the particularly interesting speculation is that Justice Stevens will be writing defendant favorable opinions in the two juvenile life without parole cases pending before the court as his final act before his resignation takes effect.

This would probably render unconstitutional all or most of the juvenile life without parole sentences currently being served in Colorado, allowing Governor Ritter, who has convened an advisory body to consider juvenile clemency, to avoid making that decision, or to look forward looking by granting clemency now and then having the U.S. Supreme Court follow his lead.

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