In addition to the many good points Rick Hasen brought up about Ashcroft, I think that the vacate and remand, as opposed to actually reversing outright is interesting.  Based on the opinion, I don't see why the remand was necessary.  But many people thought that the Supreme Court wanted to give the Georgia Supreme Court time to decide.  By remanding, they keep that option open.

Adam Morse


Adam H. Morse
Associate Counsel, Democracy Program
Brennan Center for Justice
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