Sunday, December 02, 2018
oral argument in timbs v indiana - the supreme court as a podcast
https://www.oyez.org/cases/2018/17-1091
timbs is the case that will incorporate the 8th amenment's excessive fines clause.
meanwhile this week there was an important 8-0 case about a frog.
roberts held that administrative decisions can be overruled by the court when they are arbitrary and capricious. weyerhauser and other landowners had disputed having their lands designated as frog habitat when the frogs don't live there and can't live there. while narrow, the ruling is a step in the direction of a new lochner era. in lochner, the court found a rule preventing bakers from working over 60 hours was arbitrary and capricious. david bernstein at the volokh conspiracy has written extensively about the case, and i expect we'll be hearing more from the conspiracy on these topics this week. now my v key is sticking along with my d key not working - time for a new laptop.
i am now listening to the timbs argument.
they got in their argument that the privileges and immunities clause is a basis for incorporation. thomas may agree, concurring, so it will be worth watching how many votes he gets. none is possible, 2 would be amazing, anything more than 2 would be revolutionary.
as rick hasen predicted, the big influence of the trump presidency so far has been these two new judges. i think we are in for big changes, either quickly, or more likely slowly. i predict a narrow ruling with 6 to 9 votes, and a concurrence by thomas with an as yet unknown number of votes.
https://www.oyez.org/cases/2018/17-1091
timbs is the case that will incorporate the 8th amenment's excessive fines clause.
meanwhile this week there was an important 8-0 case about a frog.
roberts held that administrative decisions can be overruled by the court when they are arbitrary and capricious. weyerhauser and other landowners had disputed having their lands designated as frog habitat when the frogs don't live there and can't live there. while narrow, the ruling is a step in the direction of a new lochner era. in lochner, the court found a rule preventing bakers from working over 60 hours was arbitrary and capricious. david bernstein at the volokh conspiracy has written extensively about the case, and i expect we'll be hearing more from the conspiracy on these topics this week. now my v key is sticking along with my d key not working - time for a new laptop.
i am now listening to the timbs argument.
they got in their argument that the privileges and immunities clause is a basis for incorporation. thomas may agree, concurring, so it will be worth watching how many votes he gets. none is possible, 2 would be amazing, anything more than 2 would be revolutionary.
as rick hasen predicted, the big influence of the trump presidency so far has been these two new judges. i think we are in for big changes, either quickly, or more likely slowly. i predict a narrow ruling with 6 to 9 votes, and a concurrence by thomas with an as yet unknown number of votes.
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