Category Judiciary

Ad Fontes: SCOTUS’s Week in Review

A quick take on the Supreme Court’s opinions released on June 19, 2017.

First Impressions: Standing on Solid Ground in Town of Chester

The Court just unanimously decided Town of Chester, NY v. Laroe Estates, Inc., holding that an intervenor as of right under Rule 24 of the Federal Rules of Civil Procedure must nevertheless establish Article III standing if that intervenor seeks relief distinct from the relief that the existing plaintiff is seeking. The Court did not […]

Chief Justice Roberts and Original Spelling(e)

Patent exhaustion reached the SCOTUS docket last year, in the form of Impression Products v. Lexmark International. Handing down its 8-0 opinion this Tuesday (7-1 when counting RBG’s partial dissent from the resolution of the cross-border question) the Court delivered—in Ronald Mann’s words—a judgment “full of quotable maxims certain to populate the U.S. Reports for […]

A Railroad Company Gets Sued. You Won’t Believe What Happens Next!

The Supreme Court issued its decision this morning in BNSF v. Tyrrell, an interesting case raising the question, how much activity must a corporation engage in within a state before that corporation may be subject to general personal jurisdiction in the courts of that state, when that state is neither a corporation’s state of incorporation nor […]

The Privilege or Immunities Clause, Originalism, and Gender Equality

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States . . . . U.S. Const., amend. XIV In 1873, in The Slaughter-House Cases and Bradwell v. Illinois, the Supreme Court took a sledgehammer to the idea that the Privileges or Immunities Clause of […]

Federalism 2: The Revenge

In 1993, Congress passed the Brady Handgun Violence Prevention Act. Among its various initiatives, it provided for the creation of a national background check system by which to screen prospective gun purchasers. This created a dilemma, however: the United States is a mess of separate and overlapping jurisdictions, and most crime is dealt with at […]

David Hume, Rubber Stamps, and Cognitive Inequality

[Today we welcome our colleague Reilly Stephens as our newest contributor here at LDB. Our agreement with him states that he will be providing insight and analysis of law, politics, and whatever else we demand, except for modern interpretive dance and ERISA, about which he knows nothing…he was particular about those last two for some […]

Who’s Afraid of the Federalist Society? [Hint: Dick Durbin]

That darn vast right wing conspiracy is at it again: At least, that is, according to some of the Democrats on the Senate Judiciary Committee. This time, the target of their angst was Judge Amul Thapar, a federal district court judge in Kentucky who is up for confirmation to the United States Court of Appeals for […]

Justice Gorsuch’s Greatest Hits – Circuit Edition

Justice Gorsuch is just about to start his tenure on the highest court in the land, but he’s already got quite a few great quotes among his many opinions during his time on the Tenth Circuit. Here, in no particular order, is a sneak preview of things to come. *********************************** “In enlightenment theory and hard won […]

Judge Gorsuch on the Ninth Amendment: “I think it means what it says.”

Senator Sasse has never ceases to impress me – his impressive knowledge of law (despite not being a lawyer himself), his deep understanding and love for philosophy and political theory, or his principled resistance to partisanship are among the many reasons I hope this guy continues doing what he does. He’s done it again by […]