Michael Dorf has an interesting post explaining why he thinks Justice Thomas (joined by Justice Scalia) was correct to argue that the Court should have accepted certiorari in Noriega v. Pastrana. Professor Dorf concludes:
What I admire about Justice Thomas’s Noriega dissent is that he presents the legal issues without even hinting that he thinks the underlying claim is meritless. And you can be pretty sure that if I think the claim is a loser, Justice Thomas thinks so too.
John Elwood blogged on the Noriega case here.