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Elena Kagan on the Graham Case


"Is there any point to which you would wish to draw my attention?"

"To the curious incident of the dog in the night-time."

"The dog did nothing in the night-time."

"That was the curious incident," remarked Sherlock Holmes.

A. Doyle, Silver Blaze.

Today's decision in Graham v. Florida is, obviously, from Florida, but the decision also negates six federal sentences and effectively declares unconstitutional an Act of Congress as applied in those cases. See slip op. at 11-13.  When such a result is possible, the Solicitor General of the United States generally appears as amicus curiae to defend the federal law.

What did SG Kagan say to the Supreme Court in this case?

[Sound of crickets in the background.]

That is a curious incident. And it is not good.

The Senators need to ask her why she was AWOL on LWOP.

See also this post on SG roads not taken.

Update, May 27: See further developments here.

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