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SCOTUS Monday

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Not too much criminal law action in the U.S. Supreme Court today.  The Court's lone opinion has to do with which branch of government gets to decide whether Jerusalem is in Israel.

The Court took up for full briefing and argument next term the case of Luis v. United States, No. 14-419.  The Question Presented is "Whether the pretrial restraint of a criminal defendant's legitimate, untainted assets (those not traceable to a criminal offense) needed to retain counsel of choice violates the Fifth and Sixth Amendments."

The Court turned down a San Francisco gun control case over a dissent by Justice Thomas.

The Court turned down the petition of embassy bomber Wadih El-Hage.  The Second Circuit opinion is here.  Justices Sotomayor and Kagan are recused.  This complex, long-running case was in the Second Circuit while Justice Sotomayor was there, and there was no doubt some involvement of the Solicitor General's Office during Justice Kagan's tenure.  I wrote an amicus brief in the District Court regarding the speedy trial claim of a co-defendant, Ghailani.

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