BEER ET AL.
v.
UNITED STATES

U.S. | 2011-06-28
No. 09-1395
Justice Breyer would grant the petition for writ of certiorari and set the case for argument.
564 U.S. 1050 Supreme Court of the United States (2011)
Cited by 1 case
Dissent
Justice Scalia,

Justice Scalia,

dissenting.

It has been my consistent view, not always shared by the Court, that “we have no power to oct aside the duly recorded judgments of lower courts unless we find them to be in error, or unless they are cast in doubt by a factor arising after they were rendered.” Webster v. Cooper, 558 U. S. 1039, 1041-1042 (2009) (dissenting opinion). Today’s vacatur resembles that in Youngblood v. West Virginia, 547 U. S. 867 (2006) (per curiam), from which I dissented, id., at 870. I would grant the petition and set the case for argument.

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