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Another 5-4 Opinion Today:

Among today's opinions, the Supreme Court also issued a 5-4 decision in Irizarry v. United States, a sentencing case. Here's the line-up: Justice Stevens wrote the opinion for the Court, joined by the Chief Justice and Justices Scalia, Thomas, and Alito. Justice Breyer dissented, joined by Justices Kennedy, Souter, and Ginsburg.

Dilan Esper (mail) (www):
And because it came down on the same morning as the detainees case, it draws no commenters.
6.12.2008 1:16pm
r.friedman (mail):
Boumedienne will keep the legal blogs bubbling until next Monday's decisions come down. In case anybody notices or cares, Ginsburg's opinion in Sturgell pretty much determines the outcome in APCC Services (if it ever was in doubt), which Ginsburg herself might even write given that she's the designated hitter for civil procedure.
6.12.2008 2:53pm
DS 09:
Is this the first decision this Term in which Justice Kennedy was on the losing side of a 5-4?
6.12.2008 2:55pm
krs:
Interesting. I would have expected the Irizarry lineup to resemble more closely the lineup in the Apprendi line of cases.

This is almost certainly right, and Justice Breyer's opinion is galling. His remedial Booker opinion was ridiculous and rewrote the sentencing statute. Now he's finding that his rewritten statute doesn't match up well with other laws, and his solution is to rewrite those laws too.
6.13.2008 7:09am