Analysis forthcoming. Here are Eugene Fidell's initial thoughts about the Gorsuch concurrence:
"Justice Neil Gorsuch concurred, while noting his continuing view that the Court lacks direct appellate jurisdiction over decisions of the Court of Appeals. He wryly cites an earlier case, Ortiz v. United States, in which Justice Alito had expressed the same view in dissent. If he stands his ground, the result will be that he will never vote to grant certiorari in a CAAF case. That means a petitioner (government or defense) will need to get four votes out of eight, rather than four out of nine, for a grant. Given the Solicitor General's higher certiorari batting average, this shoe will mostly pinch the accused. [Apologies for the mixed metaphor.] So cert just got even harder--a dollop of nasty icing on the current discriminatory cert statute."
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