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Appeals court ruled no excessive force where arrestee suffocated after being held face down. Rather than deny petition, leaving ruling in place, or taking the case and ruling itself, SCOTUS summarily vacated and remanded. Alito Dissent: "The Court, unfortunately, is unwilling to face up to the choice between denying the petition (and bearing the criticism that would inevitably elicit) and granting plenary review...."

The stupid meme of the day is that Supreme Court Justice Samuel Alito was “rude” to Obama during the State of the Union address because Alito grimaced and mouthed the words “not true” when Obama stoked the crowd with a lie about a recent Supreme...