https://lettersblogatory.com/2022/04/01/case-of-the-day-badgerow-v-walters/ The Blog of International Judicial Assistance Sun, 10 Nov 2024 17:05:20 +0000 hourly 1 https://wordpress.org/?v=6.9.4 https://lettersblogatory.com/2022/04/01/case-of-the-day-badgerow-v-walters/#comment-3632 Fri, 01 Apr 2022 18:34:09 +0000 https://lettersblogatory.com/?p=30823#comment-3632 I’m glad you posted on this because I was going to peruse it a little but now you saved me the trouble. Like you, I think Breyer’s approach has a lot more to commend it than myopically focusing on what seems to be a fairly slender reed of a textual hook.
His parting citation to Abramski v. United States—without a parenthetical for the opinion author—was quite a deep cut too, considering (1) Kagan wrote it and (2) it was decided in favor of instead of against a “look through” approach. And of course he included an appendix which is a Breyer AF move.
Finally, I’m not totally convinced the case followed straightforwardly from earlier precedent. If that were really true, then why the need to grant cert and have a full-blown merits decision in the first place?

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