Off to #SCOTUS. Orders at 9:30a. Oral argument in Hernández v. Mesa, the cross-border shooting case, at 10a.
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Sotomayor: "We should not be proud of this history. ... I dissent." https://assets.documentcloud.org/documents/3469164/Arthur-SCOTUS-Sotomayor-dissent.pdf …
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#SCOTUS grants cert in one case, Rodney Class v. US. -
Alright, I'm headed upstairs for Hernández v. Mesa argument! Back later.
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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.
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Breyer did all the work today. Big question is if he can convince Kennedy that allowing a Bivens claim here is not extending Bivens.
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Looks like
@OrinKerr agrees with me, at least as to the petitioners' counsel. -
Yup. "We should win this case based on a narrow rule in our favor" is not a theory.
End of conversation
New conversation -
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