Live blog of opinions | April 17, 2018
This live blog features discussion of the opinions in three argued cases that were released today -- Sessions v. Dimaya, Wilson v. Sellers and United States v. Microsoft.
3rd & 7 37yd
3rd & 7 37yd
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The court holds that a federal habeas court reviewing an unexplained state-court decision on the merits should "look through" that decision to the last related state-court decision that provides a relevant rationale and then presume that the unexplained decision adopted the same reasoning. The state can rebut that presumption by showing that the unexplained decision most likely relied on different grounds that the reasoned decision below.
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The Court holds that because the president has signed the CLOUD Act, which provides (among other things) that an e-mail service provider must disclose communications even when they are located outside the United States, there is no longer a live dispute between the parties.