During oral argument at SCOTUS today, Louisiana’s solicitor made the dubious claim that all 32,000 people in Louisiana prisons could challenge their convictions if the Court rules that unanimous juries are a constitutional requirement. Justice Gorsuch had an interesting response.
Justice Gorsuch’s response to Louisiana’s dubious claim at oral argument in Ramos v. Louisiana: “You say we should worry about the 32,000 people imprisoned. One might wonder whether we should worry about their interests under the Sixth Amendment as well.”
Justice Gorsuch then asked: “Should we forever ensconce an incorrect view of the U.S. Constitution for perpetuity, for all states and all people, denying them a right that we believe was originally given to them because of 32,000 criminal convictions in Louisiana?”
