Bobbie v. Bies:

Last year, a number of posts here noted the 6th Circuit’s unusual decision in Bies v. Bagley, a 6th Circuit capital habeas case. The Sixth Circuit denied rehearing en banc,with the author of the original panel opinion stating that the original opinion was not only correct, but that it was “an easy case.” Judge Sutton disagreed, authoring what I thought was a strong dissent from denial of rehearing en banc.. Today the Supreme Court reversed n a unanimous opinion authored by Justice Ginsburg, Bobbie v. Bies. Justice Ginsburg’s decision is unusually brief for an RBG opinion, and the four-page analysis section cites Judge Sutton’s dissent four times.