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SCOTUS Orders

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The U.S. Supreme Court issued this orders list yesterday. Nothing of substantive interest. This order in Michigan v. Bryant, No. 09-150, a confrontation case, has some mild interest for Court-watchers:

The motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. The motion of Richard D. Friedman for leave to participate in oral argument as amicus curiae and for divided argument is denied. Justice Kagan took no part in the consideration or decision of these motions.
I believe that is the first time the words "Justice Kagan" have appeared in a Supreme Court order. The recusal is no surprise. The US amicus brief was filed May 6, while Ms. Kagan was still SG. So the Bryant case will be decided by an 8-Justice court. A 4-4 division would mean that the Michigan Supreme Court decision in favor of the defendant is affirmed, but no Supreme Court precedent is set.

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