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Old October 13, 2017, 08:46 AM   #7
Bartholomew Roberts
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Join Date: June 12, 2000
Location: Texas and Oklahoma area
Posts: 8,462
Peruta was denied cert on June 26 of this year. The writing you quoted is just sloppy reporting. Denials of cert are done per curiam - the court just says yes or no without comment. Occasionally, a justice thinks the denial was wrong and wants to explain why and they issue a dissent from the per curiam opinion.

In this case, Thomas and Gorsuch thought the court should have accepted the case. The fact nobody else joined the dissent doesn't necessarily mean the other 7 justices thought it was correct to refuse the case. And because the other 7 justices did not issue any opinion at all they certainly didn't reference the 9th Circuit Court of Appeals ruling to support their decision.

A high school student with an Internet connection could have done a better job on reporting that.
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