Over at SCOTUSblog, Lyle Denniston has an interesting post on the possibility that the Justices will reach a 4-4 tie in Hamdan v. Rumsfeld. (Chief Justice Roberts has recused himself, as he was on the D.C. Circuit panel below.) I think a tie is unlikely. Given the importance of the case, I think the Justices will go out of their way not to end up 4-4.
I revved up my SCOTUS 330CLe Model Crystal Ball (patent pending, with optional CD player), and it’s telling me that the Court will reverse 5-3. We’ll see if it’s accurate.
My crystal ball says the same thing. Kennedy’s concurring opinion in Rasul v. Bush (Guantanamo Bay is under the jurisdiction of the United States, treaty language notwithstanding), coupled with fn 15 in the majority opinion clearly spells reversal for the Government.
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