Argument analysis: Not the argument that most of us expected (but perhaps the one that Richard Bernstein had hoped for)

Going into today’s oral arguments in Montgomery v. Louisiana, many Court watchers would have said that there were two main things to look for. First, did the Court seem likely to rule that its 2012 decision in Miller v. Alabama – prohibiting mandatory sentences of life in prison, without the possibility of parole, for juveniles … Continue reading Argument analysis: Not the argument that most of us expected (but perhaps the one that Richard Bernstein had hoped for)