Justice Stevens wrote an opinion respecting yesterday’s denial of cert in the case challenging Judge William Pryor’s recess appointment to the U.S. Court of Appeals for the Eleventh Circuit. It notes that the cert denial says nothing about the merits — a point reporters too often forget — but also suggests that the Supremes are unlikely to ever address the issue.
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About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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