What a start to the work week.
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The second argument today is McLane Co. v. EEOC, about the standard of review for subpoena-related decisions in EEOC matters.
Hernández is the big case today — addressing constitutional rights of those outside the US if confronted by wrongdoing of US officials.
It's been a big case, but the questions are all the more important now—and the justices' moves will be watched—in light of Trump's actions.
In Hernández v. Mesa, a border agent shot and killed a Mexican teen along the border, a few feet into Mexico.
The family sued, alleging violations of Fourth and Fifth amendments. US says the family can't sue — because he wasn't shot in US.
The agent was in the US, to be clear. Hernández was a few feet into Mexico, though. (Hence, cross-border shooting.)
BREAKING: #SCOTUS denies cert in Thomas Arthur v. Dunn, death case out of Alabama. Sotomayor, joined by Breyer, dissents from cert denial.
Arthur's case has been awaiting action since CJ Roberts provided a "courtesy fifth" vote in support of a stay of execution in early Nov.
Sotomayor: "We should not be proud of this history. ... I dissent." https://assets.documentcloud.org/documents/3469164/Arthur-SCOTUS-Sotomayor-dissent.pdf …
#SCOTUS grants cert in one case, Rodney Class v. US.
Alright, I'm headed upstairs for Hernández v. Mesa argument! Back later.
First take out of Hernández v. Mesa: Have a theory of your case before you get up for arguments, and be ready to answer hypotheticals.
Breyer did all the work today. Big question is if he can convince Kennedy that allowing a Bivens claim here is not extending Bivens.
Looks like @OrinKerr agrees with me, at least as to the petitioners' counsel.
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