The U.S. Court of Appeals for the Sixth Circuit has compiled an unenviable record of reversals in habeas cases under the Anti-Terrorism and Effective Death Penalty Act (AEDPA), including a fair number of summary reversals (as I have noted many times on this blog). In a recent dissent from denial of an en banc petition in Cassaon v. Shoop, Judge Griffin of the Sixth Circuit noted twenty-two habeas reversals in the past twenty years. But is the Supreme Court losing its appetite for reversing the Sixth Circuit?
Back in June, the Supreme Court denied certiorari in the case that prompted Judge Griffin's comments. Justice Thomas dissented (joined by Justice Alito), noting he would have summarily reverse the Sixth Circuit.
Today the Court denied another petition for certiorari seeking review of a Sixth Circuit habeas petition grant in Shoop v. Cunningham. Again, Justice Thomas dissented (joined by Justices Alito and Gorsuch). An again Justice Thomas argued the case warranted summary reversal.
