BEER v. U.S., 09-1395 (U.S. 6-28-2011)

JUSTICE SCALIA, dissenting.

It has been my consistent view, not always shared by the Court, that "we have no power to set aside the duly recorded judgments of lower courts unless we find them to be in error, or unless they are cast in doubt by a factor arising after they were rendered." Webster v. Cooper, 558 U. S. ___, ___ (2009) (SCALIA, J., dissenting) (slip op., at 3). Today's vacatur resembles that in Youngblood v. West Virginia, 547 U. S. 867 (2006) (per curiam), from which I dissented, id., at 870. I would grant the petition and set the case for argument.