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Transcripts For CSPAN3 Laura Donahue On Balancing National Security And Privacy Concerns 20151019

To the state court. And yet people say you should decide the scope question even though the underlying issue may be one of state law. And then finally to the solicitor generals new argument that theres going to be review in this court and de novo review on habeas, the statutory lang wage in 2254d is pretty broad. Quote, any claim that was adjudicated on the merits in state court proceeding, the only claim in this case is remedy. This case was filed after miller was decided. The only issue in this case is redress. And it would be very wonderful turn if you could say on the one hand that 2254d doesnt apply. But on the other hand, 1257 applies when it requires a, quote, right claimed under federal law which gets to your question, justice kagan. Is it enough thatll a state court says we voluntarily want to be bound . And the best answer to that is not only in the cases i would recommend moore which is cited in merrill dow which goes out of its way to show how federal law is binding on the ....

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