Sometimes even a U.S. Supreme Court justice must acknowledge the impossible. Justice Sonia Sotomayor, joined by Justice Ruth Bader Ginsburg, reached that point Monday on an issue involving the potential liberty of more than 1,000 prisoners.

In the case Scott v. United States, Sotomayor dissented from her colleagues’ decision not to review an Oregon defendant’s sentencing claims. Sotomayor said the reasons for her dissent mirror those she first articulated in October 2018 in her dissent in the case Brown v. United States. Since then, Sotomayor had noted in more than two dozen petitions her disagreement with the court’s refusal to review the sentencing question at issue.

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