“ Hanft, 547 U. S. 1062, 1064 (2006) (KENNEDY, J., concurring in denial of certiorari) . And as always, denial of certiorari does not constitute an expression of any opinion on the merits. See Rasul v. Bush, 542 U. S. 466, 480–481 (2004) (majority opinion of STEVENS, J.) ”

“ However, “ [t] his Court has frequently recognized that the policy underlying the exhaustion-of-remedies doctrine does not require the exhaustion of inadequate remedies.” Marino v. Ragen, 332 U. S. 561, 570, n. 12 (1947) (Rutledge, J., concurring) . If petitioners later seek to establish that the 2 BOUMEDIENE v. ”