Justice Thomas lays the unanimous vertical benchslap in Tibbals v. Carter on Judge Martin’s opinion from the Sixth Circuit.
It’s pretty bad when not even the habeas petitioner seeks to defend the reasoning of the court that rules in hsi favor:
We would address Carter’s arguments in defense of the Sixth Circuit’s decision, but, there are none. Carter’s brief informed us that “[t]his Court need not consider the statutory argument with which the [petitioner’s] brief begins— i.e., that there is no ‘statutory right’ under 18 U. S. C. §4241 to be competent in habeas proceedings.” Brief for Respondent in No. 11–218, p. 15. Apparently, Carter found the Sixth Circuit’s reasoning indefensible. We agree.
Note: I clerked for the 6th Circuit last year, but had no involvement int his case (it was argued and decided before I even arrived at the court).