Did Justice Alito Lose The Majority Opinion In Hamm v. Smith?
The Supreme Court's decision to DIG Hamm v. Smith has raised questions about Justice Alito's position within the majority opinion. The lengthy time between oral arguments and the DIG, along with dissenting opinions from multiple justices, suggests a potential shift in the majority. Alito's dissent includes detailed analysis typically reserved for majority opinions, indicating a complex internal dynamic within the Court.
- ▪The Supreme Court DIG'd Hamm v. Smith, a significant death penalty case.
- ▪Justice Alito's dissent was unusually detailed, resembling a majority opinion.
- ▪There was a notable delay of over five months between oral arguments and the DIG decision.
Opening excerpt (first ~120 words) tap to expand
Did Justice Alito Lose The Majority Opinion In Hamm v. Smith? It seems possible that the Chief Justice assigned the majority to Justice Alito, but something happened along the way, and Justices Kavanaugh and Barrett decided to DIG. Josh Blackman | 5.22.2026 1:46 AM On Thursday, the Court DIG'd Hamm v. Smith, a messy death penalty case that has been going on for three decades. Several things are unusual about this ham-handed DIG. Indeed, it is possible that Justice Alito lost the majority opinion. First, more than five months elapsed between oral argument in December and the DIG in May. This is an exceptionally long time for a DIG. Usually when a case presents vehicle problems, there are questions at oral argument about it.
…
Excerpt limited to ~120 words for fair-use compliance. The full article is at Reason.com.
Discussion
0 commentsMore from Reason.com
