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Her Choice

Wild card justices and the “Kagan court” for criminal cases

If you read my columns closely, you know this: over the past two terms, 21 of the court’s 30 “pure” criminal law decisions have been pro-defendant or defense position. Eleven of 16 in the 2025-26 term, and 10 of 14 in the prior one. That’s 70%.

Wild card justices and the “Kagan court” for criminal cases

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