Civ pro, fed cts, con law. Also: baseball, charts, trivia.

Joined April 2009
And the Supreme Court has now granted certiorari. supremecourt.report/cases/26…
It's been 8 months since the Fifth Circuit heard oral argument in McNutt v. United States, an appeal from a N.D. Tex. judgment declaring provisions of the Internal Revenue Code prohibiting home distilling to be beyond Congress's enumerated powers. Could go up to SCOTUS after.
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The district court's opinion formed the basis for my final exam in constitutional law a few years ago. It's going to be sort of useless as a practice exam soon. Maybe I should choose less cert-worthy cases? Cert la vie.
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One interesting upshot of granting cert. in McNutt rather than Ream (No. 26-93, challenging the same statute, exact same counsel of record on both sides) is that in McNutt, the gov't waived the commerce clause issue. Not so in Ream. Narrower questions now before the Court.
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SG asks the Supreme Court to decide whether the APA gives federal courts power to vacate administrative rules. The model is rarely this confident in a grant. supremecourt.report/cases/26…
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Today's Supreme Court order list was the first good opportunity to test my cert-probability model. This chart shows the disposition of the cases distributed for the long conference for which my model generated a prediction. Looks pretty good.
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Here's an interesting model note on Supreme Court GVRs. I was looking at Monsanto v. Dennis, No. 26-139. Even though it was Paul Clement's filing, my model gave it just a 1% chance of being granted. How odd. When I looked under the hood, I saw why: petition shorter than 3K words
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This morning, the Court GVR'd the petition. Moral of the story? If you want to understand the Supreme Court, watch what Paul Clement does.
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Typically this is a very very bad sign for the odds of certiorari. But when I read the (extremely short, 4K words) petition, it amounted to request ONLY for a GVR. I realized these kinds of petitions, which aren't uncommon, had to be treated differently.
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(eek, 4 pages, not 4K words)
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Tommy Bennett retweeted
OK, I made this with Codex + Google Flow. Spent 2.5 hours and about $20 worth of subscription credits. It’s not bad, and I can see myself working at this place if AI takes over academia.
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The Supreme Court's October Term starts on Monday. Want to follow along? Here's a thread on how to do that with Supreme Court Report (supremecourt.report)
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Next, oral arguments, and Supreme Court Report's newest feature makes following them a dream. You can view stats about each Justice's questions to both sides, see how the case is leaning after argument, and even listen to the audio synced to the transcript
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Finally, the latest orders and opinions will show up automatically on the home page. Despite the fact that it's summer break, the Justices have already been busy!
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