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Huuum, improvidently granted?
United States v. Rivera may not be the case to watch after all if the analysis is correct.
Lyle Denniston, Analysis: How many ways to lose a case?, SCOTUSBlog, 23 February 2009. In summary,
By the time Justice Anthony M. Kennedy asked a government lawyer which of several ways he would prefer the Supreme Court would use to hand him victory, it was plain that Michael Rivera’s chances had all but vanished. But, in fact, the oral argument Monday in Rivera v. Illinois (07-9995) had only been underway less than a minute when doubt arose as to why the Court had agreed to hear his appeal, and deeper doubt set in over how he could ever prevail.





