The Case That Didn’t Spell Fisher’s Fate
Back in March, I called Knox v. SEIU “the case that could decide Fisher’s fate.” It could have. But it didn’t. To review, after the Court granted cert. in Knox, the respondent labor union attempted to...
View ArticleCert. Granted in Case on Mootness
A lurking question in some of my prior posts on Fisher v. University of Texas is whether Fisher could prevent Texas from mooting the case by refusing to accept Texas’s offer of full judgment ($100, or,...
View ArticleThe Health Care Back Story, Up for Grabs
Once the health care rulings are parsed and dissected, one question will remain: what internal deliberation brought the Court to this fractured, rather unexpected set of opinions? As Linda Greenhouse...
View ArticleJan Crawford for the Coup
On Thursday, I predicted that the back story to the health care decision would “stand as the biggest potential coup for Court reporters for some time.” Because four days counts as “some time,” let’s...
View ArticleLogical Impossibility and Burdens of Proof
In a case decided yesterday by the Tenth Circuit, a jury found a man (“Shippley”) guilty of conspiring to distribute at least 50 grams of methamphetamine, 500 grams of cocaine, or any quantity of...
View Article