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Supplemental Briefs in Whitman v. DOT

As noted below, a couple of weeks ago the Court directed the parties in No. 04-1131, Whitman v. DOT (the oldest post-argument case still pending) to file 15-page supplemental briefs “addressing the applicability of Darby v. Cisneros, 509 U.S. 137 (1993), to th[e] case.” (More from Lyle on the Whitman/Darby issue here.)

Today the parties filed those briefs. Here’s the Solicitor General’s brief. And here’s the petitioner’s supplemental brief, which I assume is the first brief that Tom Goldstein has filed at Akin, Gump. (A note from Tom – Whitman has been Pam Karlan’s baby throughout the merits; she gets the credit.)