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Jackson, Sotomayor call out Supreme Court for rejecting due process appeal

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Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.

The Supreme Court reviews only a small fraction of the petitions it receives. So the justices show their priorities not only by which cases they take up — like Donald Trump’s immunity bid and Jan. 6 rioter charges — but also by the issues they ignore. Monday provided the latest example of that latter phenomenon, in a capital case from Texas. The case presented a due process issue that Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, said the court should’ve heard.

” Not only was the defendant not present for those hearings, but “most of the exchanges between the prospective jurors and the court troublingly took place entirely off the record, without any recording or transcription, leaving little trace of what was said, who was excused, or why,” Jackson recalled in her dissent from the denial of review.

 

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