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Petition of the day

October 20th, 2017 08:20 PM

Petition of the dayThe petition of the day is: Ferrellgas Partners, L.P. v. Morgan-Larson, LLC 17-441 Issue: Whether, or in what circumstances, a plaintiff adequately pleads a “continuing violation” of the antitrust laws, sufficient to satisfy the statute of limitations, by alleging continuing sales during the limitations period when the alleged price-fixing conspiracy was formed outside the limitations period.

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Chief Justice Salmon Chase on the permanency of the Union, and Cynthia Nicoletti on Chase’s political ambitionsIn Texas v. White in 1869, Chief Justice Salmon Chase famously wrote for the Supreme Court that the “Constitution, in all its provisions, looks to an indestructible Union composed of indestructible States.” Chase’s opinion rejecting state secession may seem today like a foregone conclusion, an unsurprising legal corollary to the Union’s victory on the battlefield. […]

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Friday round-up

October 20th, 2017 06:53 AM

Friday round-upBriefly: Subscript offers a graphic explainer on Wilson v. Sellers, which asks whether a federal court in a habeas case should “look through” a summary state-court ruling to review the last reasoned state-court decision. At The Federalist, Margot Cleveland suggests that this week’s most significant Supreme Court order concerned an administrative-law case the justices’ didn’t […]

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Petition of the day

October 19th, 2017 08:20 PM

Petition of the dayThe petition of the day is: China Agritech, Inc. v. Resh 17-432 Issue: Whether the rule of American Pipe and Construction Co. v. Utah tolls statutes of limitations to permit a previously absent class member to bring a subsequent class action outside the applicable limitations period.

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Thursday round-up

October 19th, 2017 07:02 AM

Thursday round-upBriefly: At Lawfare, Anthony Bellia and Bradford Clark, the authors of scholarship cited by Justice Neil Gorsuch during last week’s oral argument in Jesner v. Arab Bank, which asks whether corporations are liable under the Alien Tort Statute, point out that the court has never considered “whether permitting a suit solely between aliens under the […]

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Petition of the day

October 18th, 2017 08:30 PM

Petition of the dayThe petition of the day is: Recycle for Change v. City of Oakland, California 17-431 Issue: Whether a regulation is content-based for purposes of the First Amendment when it only applies to unattended receptacles that solicit donations or collections.

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Wednesday round-up

October 18th, 2017 07:15 AM

Wednesday round-upYesterday the court removed securities-fraud case Leidos, Inc. v. Indiana Public Retirement System from the November argument calendar. At Bloomberg, Greg Stohr reports that the move came “after the two sides told the justices they are near a settlement,” and that the case had “asked the court to clarify investors’ ability to sue companies for […]

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Petition of the day

October 17th, 2017 08:20 PM

Petition of the dayThe petition of the day is: Dawson v. Steager 17-419 Issue: Whether the Supreme Court’s precedent and the doctrine of intergovernmental tax immunity bar states from exempting groups of state retirees from state income tax while discriminating against similarly situated federal retirees based on the source of their retirement income.

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Kagan on Marshall: “Greatest lawyer of the 20th century”Justice Elena Kagan momentarily hedged her bets yesterday afternoon in front of an audience of law students at Chicago-Kent College of Law. But after struggling to find proper qualifiers, she didn’t hold back: “I don’t see how anyone could disagree with this: Thurgood Marshall was the greatest lawyer of the 20th century. No one did […]

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Tuesday round-up

October 17th, 2017 07:21 AM

Tuesday round-upYesterday the Supreme Court added four cases to its merits docket for the current term. Amy Howe has this blog’s coverage, which first appeared at Howe on the Court. The most high-profile grant was in United States v. Microsoft Corp., which asks whether the government can gain access from email providers to data that is […]

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