Supreme Court of the United States

Sowden v. United States — Scalia, J., dissenting

January 9, 2012565 U.S. 1138

Summary

Justice Scalia dissents from the Supreme Court’s denial of certiorari in Maxwell v. Roe. He contends that the Ninth Circuit misapplied the deferential standards of 28 U.S.C. §2254(d) and erroneously found a Fourteenth Amendment due‑process violation, and therefore the Court should have granted certiorari and reversed the Ninth Circuit’s judgment.