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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Monday, May 20, 2019

SCOTUS: Low Drama/Trump Guys Split Along Edges Again

Low drama order day with a grant and disagreements from Thomas (joined without opinion by RBG and by Alito) in two instances. One liberal each (minus RBG) wrote the opinions with Gorsuch joining them again on tribal rights (here with more federalism concerns) while also going it alone on one (wanted to DIG) and didn't (unlike Kavanaugh and Roberts; Thomas concurred separately as well) go along with a fairly dismissive concurrence by Alito in a pre-emption/agency case, a potentially divisive area. Execution later in week.

ETA: The federal torts rule Thomas/RBG wanted to examine appears wrong-minded, but as a long-held statutory ruling, it probably should be up to Congress to change things. Note it was a unanimous ruling at the start, about seventy years ago.

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