Jefferson v. Upton — Scalia, J., dissenting

Summary

Justice Scalia, joined by Justice Thomas, dissents from the Court's summary vacation of the Eleventh Circuit's judgment. He argues the Court decided an issue neither raised nor passed upon below—specifically, the application of exceptions to 28 U.S.C. § 2254(d) other than subsection (8)—instead of addressing the ineffective assistance of counsel claim presented in the petition.