Stephen Bright was making last-minute preparations on Oct. 30 for his U.S. Supreme Court argument Monday in Foster v. Chatman when a surprise letter arrived via email from Scott Harris, the clerk of the high court.

The letter, also sent to Bright’s adversary, Deputy Georgia Attorney General Beth Burton, told them to “expect questions” from the justices on an issue that until then was not a part of the case: Which lower court ruling was actually at issue?

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