Kagan’s Not Crazy for the Insanity Defense

November 26th, 2012

Today, the Supreme Court denied cert in Delling v. Idaho, a case that considered whether Idaho’s modification of the insanity defense violated the Due Process Clause. Justice Breyer, joined by Justices Ginsburg dissented from the denial of cert (dissental if you will). But, Justice Kagan did not join? Hrm… Speculation…

Doug Berman comments here.