The second argument today is McLane Co. v. EEOC, about the standard of review for subpoena-related decisions in EEOC matters.
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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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