Live blog of opinions | February 27, 2018
This live blog features discussion of the three cases decided on this day: Merit Management Group v. FTI Consulting Inc., Jennings v. Rodriguez, Patchak v. Zinke.
3rd & 7 37yd
3rd & 7 37yd
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I am reading, but away from my computer right now. I also looked at the relationship between boxes to total opinion pages as well. Obviously there is a strong one, but it’s also not perfect - some days with more total pages had fewer boxes. Will try to find the data in time for the next live blog.
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I mooted one of the parties in Patchak, but now I frankly can't remember which side it was or exactly what the convoluted arguments in this case were. But I think the majority basically has it right. What happened here is that, while a case was still pending, Congress passed a law that essentially said how it wanted the case to come out. And because the case was still pending, that doesn't amount to Congress trying to revise a judicial opinion, just making new law, so that makes it kosher under Article III.
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Scotus used the same "expeditiously" language in US v Clinton. Josh Blackman flagged yesterday twitter.com