Back in June, I had an article published in the Criminal Law Reporter that focused on the numerous (what I call) lack-of-deference summary reversals from the Supreme Court in habeas cases over the preceding 14 months.
The thesis of the article is essentially that the Supreme Court has been increasing its use of the summary reversal in habeas cases to send a message to the lower courts that the Court was keeping a close eye on every habeas grant to make sure that the federal courts were engaging in the appropriate amount of deference to the state courts under the 2254(d) standard of review or else face the public embarrassment of a summary reversal.
I then applied that thesis to the Second Circuit's highly unusual about face in Rivera v. Cuomo. The Second Circuit obviously received the Court's message. I argue that the circuit court's fear of a Supreme Court summary reversal was the main motivation for reversing its own prior habeas grant.
Want to read more? You can access it here --> Summary Reversal Article