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Friday, June 04, 2021

Breyer's first (and last?) assignment

I am late on this, but thought I would mention: The Court decided Van Buren v. United States on Thursday, holding that the Computer Fraud and Abuse Act did not reach a case in which the defendant lawfully accessed the computer for an improper purpose. The line-up was Barrett writing for Breyer, Sotomayor, Kagan, Gorsuch, and Kavanaugh, with the Chief, Thomas, and Alito in dissent.

That unusual line-up makes this (according to all-things empirical SCOTUS Adam Feldman) the first time Breyer has assigned a majority opinion. And since many on the left hope Breyer retires at the end of the Term and that line-up of Justices is unlikely to recur, perhaps his last.

Posted by Howard Wasserman on June 4, 2021 at 08:11 AM in Civil Procedure, Howard Wasserman, Judicial Process | Permalink

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