\
  The most prestigious law school admissions discussion board in the world.
BackRefresh Options Favorite

SCOTUS LAYETH THE SMACKETH DOWNTH ON THE SIXTH CIRCUTH!

In this habeas case, the Sixth Circuit set aside two 29-year...
dashing foreskin half-breed
  06/11/12
I know shitlib 6th cir clerks who think the author of the op...
Mischievous Background Story Temple
  06/11/12
Why? I see the major blunder
dashing foreskin half-breed
  06/11/12
I don't know why he's so dumb. affirmative action nominee, I...
Mischievous Background Story Temple
  06/11/12
Is this cole?
carmine theatre roast beef
  06/11/12
cole hires good clerks, usually. this is eric clay.
Mischievous Background Story Temple
  06/11/12
eh. both black four-letter last namers that start with c, am...
carmine theatre roast beef
  06/11/12
they're pretty different, cole is a chill bro and clay is th...
Mischievous Background Story Temple
  06/11/12
both angry black men with four-letter last names bro
carmine theatre roast beef
  06/11/12
I've met cole, he's the opposite of angry. sedated would be ...
Mischievous Background Story Temple
  06/11/12
LMAO. As we explained in correcting an identical error by...
carmine theatre roast beef
  06/11/12
Clerk fucked up there...I don't see how the judge could have...
dashing foreskin half-breed
  06/11/12
but slim, a few months ago I posted a 6th cir opinion where ...
Mischievous Background Story Temple
  06/11/12
Your obfuscating shit now. That opinion was murkier because ...
dashing foreskin half-breed
  06/11/12
yeah, they arguably compounded the error by citing an arkans...
Mischievous Background Story Temple
  06/11/12
The circuit judges probably knew exactly what they were doin...
Trip Business Firm Ladyboy
  06/11/12
they'll of course say that their precedent was just "ex...
Mischievous Background Story Temple
  06/11/12
...
dashing foreskin half-breed
  06/14/12
there are 5 6th cir judges who will tell you if you ask them...
Mischievous Background Story Temple
  06/11/12
if true, that's pretty fuckin alpha. Wonder if Scalia's prot...
dashing foreskin half-breed
  06/11/12
no, Sutton believes in AEDPA on steroids.
Mischievous Background Story Temple
  06/11/12
Look how retarded this opinion is (not on the merits) http:/...
dashing foreskin half-breed
  06/11/12
you mean the Reinhardt School of judicial philosphy?
carmine theatre roast beef
  06/11/12
What does that entail?
dashing foreskin half-breed
  06/11/12
to never EVER find against the criminal in a death penalty h...
carmine theatre roast beef
  06/11/12
http://web.law.umich.edu/_facultybiopage/facultybiopagenew.a...
dashing foreskin half-breed
  06/11/12
Not that prestigious to be given a tenured professorship so ...
Godawful Bat Shit Crazy Mad-dog Skullcap
  06/11/12
The fuck you say?
dashing foreskin half-breed
  06/11/12
he's saying she got the job because she's richard primus's h...
Mischievous Background Story Temple
  06/11/12
Maybe I'm being too harsh. Her publication record is decent ...
Godawful Bat Shit Crazy Mad-dog Skullcap
  06/11/12
wow wtf. this is what's wrong with journals. some crazy star...
Mischievous Background Story Temple
  06/11/12
quite a bit more than mine, i'm just a clerk on a lesser cir...
Mischievous Background Story Temple
  06/11/12
Primus told me that a Reinhardt clerkship will basically pla...
dashing foreskin half-breed
  06/11/12
yes, if you clerk for the ultimate lib hack, you can go fort...
Mischievous Background Story Temple
  06/11/12
Carlos Vasquez...ya he is pretty decent.
dashing foreskin half-breed
  06/11/12
ha
Mischievous Background Story Temple
  06/11/12
brb making shit up about the alien tort statute to serve my ...
carmine theatre roast beef
  06/11/12
lol I know this hot shitlib girl who would take her cigarett...
Mischievous Background Story Temple
  06/11/12
was she into INTERNATIONAL LAW???
carmine theatre roast beef
  06/11/12
she was into saving african villagers from multinationals, i...
Mischievous Background Story Temple
  06/11/12
yeah
Mischievous Background Story Temple
  06/11/12
Capitalizing terms there is TTT.
Stimulating slippery karate
  06/11/12
probably a thomas clerk did that
Mischievous Background Story Temple
  06/11/12
u mad the supreme court is so august that each interval at w...
carmine theatre roast beef
  06/11/12
I wonder why the death penalty is so expensive.
Ruddy alcoholic double fault theater stage
  06/11/12
Mandatory appeals, jackass.
dashing foreskin half-breed
  06/11/12
Are you fucking dense?
Ruddy alcoholic double fault theater stage
  06/11/12
Elaborate, brother.
dashing foreskin half-breed
  06/11/12
just get rid of those
bonkers deep liquid oxygen
  06/11/12
What about the potential error rate?
dashing foreskin half-breed
  06/11/12
way thefuck overblown by your retarded shitlib brethren
carmine theatre roast beef
  06/11/12
...
tan filthy school cafeteria blood rage
  05/25/21
We really should stop killing people brothers. JURIES ARE F...
Stimulating slippery karate
  06/11/12
yeah let's just let them rot in prison for life bc that's ju...
Mischievous Background Story Temple
  06/11/12
(psychotic pumo)
Stimulating slippery karate
  06/11/12
any sane person would rather be executed than do life w/o pa...
Mischievous Background Story Temple
  06/11/12
the funny part is that they GVR'd, in light of this summary ...
Mischievous Background Story Temple
  06/12/12
180
carmine theatre roast beef
  06/12/12
how is that funny?
dashing foreskin half-breed
  06/14/12
well, the two cases didn't really have much in common, and t...
Mischievous Background Story Temple
  06/14/12
Classmate of Bill Clinton bro.
dashing foreskin half-breed
  06/14/12
at YLS? the gvr really is lolsy as fuck. like what do you do...
Mischievous Background Story Temple
  06/14/12


Poast new message in this thread



Reply Favorite

Date: June 11th, 2012 9:22 PM
Author: dashing foreskin half-breed

In this habeas case, the Sixth Circuit set aside two 29-year-old murder convictions based on the flimsiest of rationales. The court’s decision is a textbook example of what the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) proscribes: “using federal habeas corpus review as a vehicle to second-guess the reasonable decisions of state courts.”

The Sixth Circuit also erred by consulting its own precedents, rather than those of this Court, in assessing the reasonableness of the Kentucky Supreme Court’s decision...

As we explained in correcting an identical error by the

Sixth Circuit two Terms ago, circuit precedent does not constitute “clearly established Federal law, as determined by the Supreme Court,” 28 U. S. C. §2254(d)(1). It therefore

cannot form the basis for habeas relief under AEDPA.

To make matters worse, the Sixth Circuit decided Gall II under pre-AEDPA law, see 231 F. 3d, at 283, n. 2, so that case did not even purport to reflect clearly established law as set out in this Court’s holdings. It was plain and repetitive error for the Sixth Circuit to rely on its own precedents in granting Matthews habeas relief.

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20869978)



Reply Favorite

Date: June 11th, 2012 9:23 PM
Author: Mischievous Background Story Temple

I know shitlib 6th cir clerks who think the author of the opinion below is an idiot

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20869987)



Reply Favorite

Date: June 11th, 2012 9:24 PM
Author: dashing foreskin half-breed

Why? I see the major blunder

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870010)



Reply Favorite

Date: June 11th, 2012 9:32 PM
Author: Mischievous Background Story Temple

I don't know why he's so dumb. affirmative action nominee, I guess

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870080)



Reply Favorite

Date: June 11th, 2012 9:43 PM
Author: carmine theatre roast beef

Is this cole?

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870192)



Reply Favorite

Date: June 11th, 2012 9:54 PM
Author: Mischievous Background Story Temple

cole hires good clerks, usually. this is eric clay.

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870305)



Reply Favorite

Date: June 11th, 2012 11:34 PM
Author: carmine theatre roast beef

eh. both black four-letter last namers that start with c, amirite?

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871509)



Reply Favorite

Date: June 11th, 2012 11:40 PM
Author: Mischievous Background Story Temple

they're pretty different, cole is a chill bro and clay is this retarded psycho with a bald pate

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871581)



Reply Favorite

Date: June 11th, 2012 11:44 PM
Author: carmine theatre roast beef

both angry black men with four-letter last names bro

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871620)



Reply Favorite

Date: June 11th, 2012 11:46 PM
Author: Mischievous Background Story Temple

I've met cole, he's the opposite of angry. sedated would be a better word. he has some shitlib MAF clerks whose shit he just rubberstamps, but even with them he's one of the most well-liked/collegial libs on the circuit

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871639)



Reply Favorite

Date: June 11th, 2012 9:28 PM
Author: carmine theatre roast beef

LMAO.

As we explained in correcting an identical error by the Sixth Circuit two Terms ago, circuit precedent does not constitute “clearly established Federal law, as determined by the Supreme Court,” 28 U. S. C. §2254(d)(1).

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870047)



Reply Favorite

Date: June 11th, 2012 9:29 PM
Author: dashing foreskin half-breed

Clerk fucked up there...I don't see how the judge could have signed on the opinion when the clerk was inserting analysis of circuit precedent...seems like a basis AEDPA no-no

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870057)



Reply Favorite

Date: June 11th, 2012 9:31 PM
Author: Mischievous Background Story Temple

but slim, a few months ago I posted a 6th cir opinion where they granted relief on the basis of ARKANSAS LAW about legal retardation, and you thought it was cool

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870076)



Reply Favorite

Date: June 11th, 2012 9:32 PM
Author: dashing foreskin half-breed

Your obfuscating shit now. That opinion was murkier because of Teague stuff.

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870084)



Reply Favorite

Date: June 11th, 2012 9:33 PM
Author: Mischievous Background Story Temple

yeah, they arguably compounded the error by citing an arkansas case that postdated the state court decision. maybe it was teague retroactive, but even if so, it's just arkansas law

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870094)



Reply Favorite

Date: June 11th, 2012 9:36 PM
Author: Trip Business Firm Ladyboy

The circuit judges probably knew exactly what they were doing.

Reinhardt can't have all the fun.

http://www.nationalreview.com/bench-memos/49460/summary-reversal-ninth-circuit-judge-reinhardt/ed-whelan#



(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870115)



Reply Favorite

Date: June 11th, 2012 9:57 PM
Author: Mischievous Background Story Temple

they'll of course say that their precedent was just "explicating" the clearly established scotus law

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870330)



Reply Favorite

Date: June 14th, 2012 6:43 PM
Author: dashing foreskin half-breed



(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20888328)



Reply Favorite

Date: June 11th, 2012 9:30 PM
Author: Mischievous Background Story Temple

there are 5 6th cir judges who will tell you if you ask them face to face that they believe in nullifying aedpa, esp. in death cases, and will keep doing it so long as scotus can't reverse them everytime

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870065)



Reply Favorite

Date: June 11th, 2012 9:31 PM
Author: dashing foreskin half-breed

if true, that's pretty fuckin alpha. Wonder if Scalia's protege Sutton is one of em

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870077)



Reply Favorite

Date: June 11th, 2012 9:32 PM
Author: Mischievous Background Story Temple

no, Sutton believes in AEDPA on steroids.

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870086)



Reply Favorite

Date: June 11th, 2012 9:34 PM
Author: dashing foreskin half-breed

Look how retarded this opinion is (not on the merits) http://sblog.s3.amazonaws.com/wp-content/uploads/2012/06/Garcia-ruling-9th-CA-6-8-8.pdf

I feel so sorry for the clerks who probably endured hours of misery writing this back and forth until the final draft.

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870100)



Reply Favorite

Date: June 11th, 2012 9:34 PM
Author: carmine theatre roast beef

you mean the Reinhardt School of judicial philosphy?

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870096)



Reply Favorite

Date: June 11th, 2012 9:36 PM
Author: dashing foreskin half-breed

What does that entail?

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870122)



Reply Favorite

Date: June 11th, 2012 9:38 PM
Author: carmine theatre roast beef

to never EVER find against the criminal in a death penalty habeas proceeding, no matter how ridiculously obviously deficient the claims are.

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870143)



Reply Favorite

Date: June 11th, 2012 9:42 PM
Author: dashing foreskin half-breed

http://web.law.umich.edu/_facultybiopage/facultybiopagenew.asp?ID=305

Rate her prestige relative to yours.

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870180)



Reply Favorite

Date: June 11th, 2012 9:55 PM
Author: Godawful Bat Shit Crazy Mad-dog Skullcap

Not that prestigious to be given a tenured professorship so your husband doesn't bolt for another school. Cf. Amy Chua.

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870316)



Reply Favorite

Date: June 11th, 2012 9:57 PM
Author: dashing foreskin half-breed

The fuck you say?

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870332)



Reply Favorite

Date: June 11th, 2012 10:00 PM
Author: Mischievous Background Story Temple

he's saying she got the job because she's richard primus's husband

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870358)



Reply Favorite

Date: June 11th, 2012 10:00 PM
Author: Godawful Bat Shit Crazy Mad-dog Skullcap

Maybe I'm being too harsh. Her publication record is decent enough. But:

For decades, scholars and judges have assumed that federal habeas corpus review of state court criminal convictions should focus on the individual rights of habeas petitioners and that the federal courts should ask whether a state prisoner is being unlawfully detained because the state violated his individual federal rights. This individualized approach to federal habeas review is expensive, time-consuming, and woefully ineffective in stopping states from violating defendants' federal rights. Indeed, many states systematically violate criminal defendants' federal rights with impunity. This Article proposes a new conception of federal habeas review under which the federal courts focus on states, not on individual petitioners. Federal habeas relief should be available when a state routinely violates its criminal defendants' federal rights as part of a systemic practice. Reconfiguring federal habeas corpus review to focus on states and systemic practices would reduce redundancy, increase efficiency, and be more respectful of state institutions while, at the same time, recovering one of the original and now lost purposes of federal habeas corpus review.

lol good luck with that one

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870369)



Reply Favorite

Date: June 11th, 2012 10:02 PM
Author: Mischievous Background Story Temple

wow wtf. this is what's wrong with journals. some crazy starry-eyed libs at stanford or minnesota or wherever that got in, 3L's who don't know shit about habeas, read that and think "oh that sounds creative, let's take it"

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870391)



Reply Favorite

Date: June 11th, 2012 9:56 PM
Author: Mischievous Background Story Temple

quite a bit more than mine, i'm just a clerk on a lesser circuit, less achievements in law school than her too

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870320)



Reply Favorite

Date: June 11th, 2012 9:58 PM
Author: dashing foreskin half-breed

Primus told me that a Reinhardt clerkship will basically plant you a permanent base in the intelligentsia of progressives in this country.

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870340)



Reply Favorite

Date: June 11th, 2012 10:00 PM
Author: Mischievous Background Story Temple

yes, if you clerk for the ultimate lib hack, you can go forth and work for other lib hacks. I will say that the one reinhardt clerk/prof I've talked to was a very reasonable non-hackish person

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870366)



Reply Favorite

Date: June 11th, 2012 10:03 PM
Author: dashing foreskin half-breed

Carlos Vasquez...ya he is pretty decent.

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870399)



Reply Favorite

Date: June 11th, 2012 11:34 PM
Author: Mischievous Background Story Temple

ha

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871505)



Reply Favorite

Date: June 11th, 2012 11:36 PM
Author: carmine theatre roast beef

brb making shit up about the alien tort statute to serve my modern political ends

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871533)



Reply Favorite

Date: June 11th, 2012 11:42 PM
Author: Mischievous Background Story Temple

lol I know this hot shitlib girl who would take her cigarette breaks from class with me just to pepper me with questions about what scotus would do with the ATS. and I would just be like, they'll pwn you crazed public interest faggots is what they'll do, hey btw would you like to do lunch

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871600)



Reply Favorite

Date: June 11th, 2012 11:45 PM
Author: carmine theatre roast beef

was she into INTERNATIONAL LAW???

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871626)



Reply Favorite

Date: June 11th, 2012 11:47 PM
Author: Mischievous Background Story Temple

she was into saving african villagers from multinationals, international law not so much

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871649)



Reply Favorite

Date: June 11th, 2012 9:53 PM
Author: Mischievous Background Story Temple

yeah

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870290)



Reply Favorite

Date: June 11th, 2012 11:46 PM
Author: Stimulating slippery karate

Capitalizing terms there is TTT.

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871640)



Reply Favorite

Date: June 11th, 2012 11:48 PM
Author: Mischievous Background Story Temple

probably a thomas clerk did that

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871657)



Reply Favorite

Date: June 11th, 2012 11:49 PM
Author: carmine theatre roast beef

u mad the supreme court is so august that each interval at which they publish opinions must be capitalized to demonstrate its significance and importance? oh yeah, u mad.

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871664)



Reply Favorite

Date: June 11th, 2012 9:42 PM
Author: Ruddy alcoholic double fault theater stage

I wonder why the death penalty is so expensive.

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870183)



Reply Favorite

Date: June 11th, 2012 9:43 PM
Author: dashing foreskin half-breed

Mandatory appeals, jackass.

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870194)



Reply Favorite

Date: June 11th, 2012 9:45 PM
Author: Ruddy alcoholic double fault theater stage

Are you fucking dense?

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870203)



Reply Favorite

Date: June 11th, 2012 9:46 PM
Author: dashing foreskin half-breed

Elaborate, brother.

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870216)



Reply Favorite

Date: June 11th, 2012 9:45 PM
Author: bonkers deep liquid oxygen

just get rid of those

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870206)



Reply Favorite

Date: June 11th, 2012 9:46 PM
Author: dashing foreskin half-breed

What about the potential error rate?

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870224)



Reply Favorite

Date: June 11th, 2012 11:34 PM
Author: carmine theatre roast beef

way thefuck overblown by your retarded shitlib brethren

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871515)



Reply Favorite

Date: May 25th, 2021 11:54 PM
Author: tan filthy school cafeteria blood rage



(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#42522536)



Reply Favorite

Date: June 11th, 2012 11:49 PM
Author: Stimulating slippery karate

We really should stop killing people brothers. JURIES ARE FUCKING RETARDED.

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871666)



Reply Favorite

Date: June 11th, 2012 11:51 PM
Author: Mischievous Background Story Temple

yeah let's just let them rot in prison for life bc that's just so much more fun than simply ceasing to exist and being relieved from life's miseries

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871681)



Reply Favorite

Date: June 11th, 2012 11:57 PM
Author: Stimulating slippery karate

(psychotic pumo)

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871731)



Reply Favorite

Date: June 11th, 2012 11:59 PM
Author: Mischievous Background Story Temple

any sane person would rather be executed than do life w/o parole. I mean, maybe a gay person wouldn't, I hear prison affords many an opportunity for buttsex

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871740)



Reply Favorite

Date: June 12th, 2012 7:20 PM
Author: Mischievous Background Story Temple

the funny part is that they GVR'd, in light of this summary reversal, another 6th cir habeas grant written by the same judge

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20875983)



Reply Favorite

Date: June 12th, 2012 8:54 PM
Author: carmine theatre roast beef

180

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20876493)



Reply Favorite

Date: June 14th, 2012 6:49 PM
Author: dashing foreskin half-breed

how is that funny?

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20888368)



Reply Favorite

Date: June 14th, 2012 6:51 PM
Author: Mischievous Background Story Temple

well, the two cases didn't really have much in common, and the first summary reversal didn't say anything new - usually cases are GVR'd in light of a case that announces some new rule - so the GVR makes no sense unless it's read as just a big STOP FUCKING THE FUCK AROUND AND GRANTING BUMS HABEAS RELIEF, ERIC CLAY

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20888388)



Reply Favorite

Date: June 14th, 2012 6:53 PM
Author: dashing foreskin half-breed

Classmate of Bill Clinton bro.

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20888400)



Reply Favorite

Date: June 14th, 2012 7:02 PM
Author: Mischievous Background Story Temple

at YLS? the gvr really is lolsy as fuck. like what do you do, if you're Clay, with this GVR? Parker doesn't say anything he didn't already know, it doesn't announce any rule. normally a gvr is like this, 6th cir says plaintiff satisfies standard x, scotus says in an appeal from another circuit that the standard is y, so then it gvr's the 6th cir decision and the 6th now decides, in light of the scotus case, whether the plaintiff satisfies y. but there's nothing in Parker in light of which the panel should reconsider the decision in Howes, so it's really just like, "hey, see how we were mad as fuck at you over not taking aedpa seriously in this other case? better think again." I mean, I'm not even sure what this new opinion is supposed to look like - SCOTUS just bitched us out in a superficially similar matter and so we're changing our minds? they could just grant relief again

(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20888468)