“The fact that the Brunson case has made it to the Court’s docket suggests profound concerns...”
Rather than profound concerns, it suggests ordinary procedure, which for the vast majority of cases ends quietly with a one-line denial of the Writ.
Rule 11 acceptance doesn't put the case in the same category
as the "vast majority of cases" presented to the Court.
JMO, YMMV
You are trying to comment on the Court’s view without knowing what this court will do. In other words, speculation based on a mostly moribund judiciary. You may be accurate on the Court’s view, but it doesn’t matter. What matters is history.
So, you missed the point.
The statement of profound concerns resides in the American population as reflected in pro se filings by brothers from Utah who haven’t given up, rather they soldiered on all the way to the US Supreme Court. What would drive people to this extreme?
The point also resides with the author, Professor of Law Tim Canova, who injects thoughts reflecting the mood of the American people.
This case doesn’t matter so much as what’s driving it. The Brunson Brothers reflect the thoughts, feelings, and concerns of a hundred million others.
History is a span of thousands of years.
Historical events span decades.
Court cases span months.
This case emerges as a small effect to an enormous historical event.