The Volokh Conspiracy

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Volokh Conspiracy

Today's unusual Supreme Court lineup

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This morning, the Supreme Court issued a decision in Torres v. Lynch. As in several other cases this term, the case has produced an interesting lineup. Justice Elena Kagan wrote for the court, concluding that a state offense counts as an "aggravated felony" under federal law when it has every element of a listed federal crime except one requiring a connection to interstate or foreign commerce. Joining her opinion were Chief Justice John Roberts and Justices Anthony Kennedy, Ruth Bader Ginsburg and Samuel Alito. Justice Sonia Sotomayor dissented, joined by Justices Clarence Thomas and Stephen Breyer.

The court issued two other opinions this morning—Betterman v. Montana on speedy trial rights and CRST Van Expedited v. EEOC on attorney's fees in Title VII litigation. Both were unanimous in the judgment.

This is the fourth time I've noted unusual Supreme Court opinion lineups this term. (See here, here and here for the others.) Will we get any more?