Yesterday the Supreme Court did not grant certiorari in any new cases. There is at least one case, however, that two justices wanted the Court to hear. Justice Ketanji Brown Jackson dissented from the denial of certiorari in Davis v. United States, joined by Justice Sonia Sotomayor.
Although Justice Jackson has not yet written an opinion in an argued case, this is the second time she has dissented from a denial of certiorari, and her third dissenting opinion overall. She previously dissented from the denial of certiorari in Chinn v. Shoop, and dissented from the denial of a stay of execution in Johnson v. Missouri. In both of these opinons she was joined by Justice Sotomayor. As previously noted, Justice Jackson is also the most active justice at oral argument, and Justice Barrett is the only justice to have written a majority opinion in an argued case so far this term.
In Davis, Justice Jackson believes the Court should have taken the opportunity to clarify what is necessary for a criminal defendant to demonstrate ineffective assistance of counsel in the context of plea negotiations. Her brief dissent reads:
