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SCOTUSblog Recaps Oral Argument in Wood v. Allen:  Readers who would like a quick recap of how members of the U.S. Supreme Court addressed the interaction between 28 U.S.C §2254(d)(2) and §2254(e)(1) should check out Anna Christensen's SCOTUSblog summary of the argument and Kent's Wednesday post. Christensen's post gives a quick account of the questions the Justices asked Wood's counsel, Kerry Scanlon, and the Solicitor General of Alabama, Corey Maze.  She notes that the Justices seemed particularly concerned with whether Wood's case actually addressed the question on which the Court granted certiorari, and worried that the interpretation proposed by the Solicitor General of Alabama would be too complicated for courts to apply.  According to Christensen, this was the primary concern of the Court, and after arguments, it is "in no way clear" how the Court will chose to define the relationship between 28 U.S.C §2254(d)(2) and §2254(e)(1).  The transcript is available here

Senate Rejects Proposal that Detainees Not be Tried in Federal Court:  At Jurist, Andrea Bottorff reports that the Senate voted yesterday to reject an amendment to an appropriations bill that would have prevented Guantanamo detainees accused of participating in the 9/11 attacks from being tried in federal courts. The amendment was proposed by Senator Lindsey Graham (R-SC) who had proposed the amendment in response to a letter signed by the families of 9/11 victims. Bottorff reports that the Obama Administration is expected to announce plans for detainee prosecutions by November 16th.

The "Slim Pickings" for the Next Supreme Court Vacancy:  At NRO's Bench Memos, Ed Whelan comments that if President Obama is given the opportunity to appoint a Supreme Court Justice next year, his pool could be fairly limited.  Whelan writes that if President Obama focuses his search on federal appellate judges who are 60 or younger by next year, and were appointed by a Democrat, he may only have 14 to choose from.  Whelan believes that only three or four on his list would be serious candidates.  He believes Diane Wood could still be a pick.

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"Whelan writes that if President Obama focuses his search on federal appellate judges..."

I hope he will not, though. There is a lot of good talent on the state court benches.

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