OT2018 #7: “Now Who’s the Legal Realist?”
If you were hoping that the Supreme Court news cycle would slow down, youre going to be disappointed this week — theres a lot to talk about! Will and Dan catch you up on Justice Ruth Bader Ginsburgs health scare, Justice Brett Kavanaughs investiture, a couple of interesting requests for additional briefing in recently argued cases, some intriguing new cert grants, lots of activity on the shadow docket, and more. And — oh yeah — theres also the end of the November argument session to recap and the terms first merits opinion to talk about. We also take a detour into the constitutionality of Acting Assistant General Matthew Whitakers appointment, and answer several questions from the Hotline. Despite all that content, we somehow managed to keep this one well under epic-length. The signal-to-noise ratio is very high in this episode!
Posted in First Mondays
Cases: BNSF Railway Company v. Loos, Smith v. Berryhill, The American Legion v. American Humanist Association, Mount Lemmon Fire District v. Guido, Knick v. Township of Scott, Pennsylvania, Bucklew v. Precythe, Flowers v. Mississippi, Frank v. Gaos, Maryland-National Capital Park and Planning Commission v. American Humanist Association