Issue: Whether, when a state court cites and applies the correct standard from Batson v. Kentucky for assessing whether a petitioner has established a prima facie case of discrimination in jury selection, the court’s use of other terminology in a sentence
addressing a distinct point render its Batson analysis “contrary to” this Court’s precedent for the purposes of determining whether the
federal courts must defer to the state adjudication under 28 U.S.C. §2254(d)(1).
On Monday at 9:30 a.m. we expect orders from the April 24 Conference. We expect one or more opinions in argued cases at 10 a.m. on Wednesday. We will be live-blogging beginning at 9:45.
This is the second week of the April sitting. On Tuesday the Court will hear oral argument in Obergefell v. Hodges, which is consolidated with three other cases, on the questions of whether the Fourteenth Amendment requires that states grant and/or recognize same-sex marriages. We will be live-blogging updates from the oral argument beginning at 11 a.m.
Glossip v. Gross The constitutionality under the Eighth Amendment of using a sedative as the first drug in a death penalty protocol.