Tuesday, June 27, 2017
I consider here the Supreme Court's orders that two fully argued and fully briefed cases, Jennings v. Rodriguez and Sessions v. Dimaya, be reargued next Term. A majority of the Court apparently could not reach agreement on how to decide the cases. Justice Gorsuch will have the opportunity to break the deadlock. In my estimation, the rearguments, with Justice Gorsuch as the tiebreaker, does not bode well for the Ninth Circuit rulings on those two cases.