The dissent rightfully, in my opinion, points out that Baze has as much to do with abuse of discretion for denying 12(b)(6) motions to dismiss as does a hot dog.
That’s Corey Yung, writing in What do a Writ of Mandamus, 12(b)(6), the Death Penalty, and a Batson Challenge Have in Common?, in an interesting discussion of procedural issues in a recent 8th Circuit opinion in method-of-legal-execution case. That dissent is pretty convincing on some other issues too, by the way.
(I post this in fear that someone will come along and say it’s really some kind of metaphor.)
