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Roads Not Taken, Yet

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The most notable denial of certiorari on today's orders list is Simmons v. Galvin, No. 09-920, the felon voting case. As noted here, the Ninth Circuit's elimination of the circuit split October 7 made this an easy call.

The relisted cases noted last week are missing from this week's list as well.

Justice Sotomayor dissents from denial of certiorari in a prisoner Eighth Amendment case, Pitre v. Cain.

Hall v. Thaler, No. 10-37, the retardation claim noted on SCOTUSblog's "petitions to watch" list, was turned down.

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Interesting that Justice Sotomayor had nothing to say about the felon voting case.

Her vociferousness in her dissent in Pitre v. Cain is remarkable.

Let's hope Wong v. Smith is another AEDPA summary reversal. Berzon voted with Schroeder to grant the habeas petition. I wonder how many times Berzon has been involved in either summary reversals or unanimous reversals. I think she wrote Musladin for the Ninth Circuit.

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