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Wed May 15, 2019, 11:08 AM

SCOTUSblog: Wednesday round-up, May 15, 2019

Edith Roberts Editor

Posted Wed, May 15th, 2019 7:06 am

Wednesday round-up

Richard Re analyzes Monday’s opinion in Franchise Tax Board of California v. Hyatt, in which the court overruled a 40-year-old precedent and held that a state cannot be sued in the courts of another state without its consent, for this blog. At The NCSL Blog, Lisa Soronen observes that Justice Clarence “Thomas spent a mere page explaining why a majority of the justices were rejecting stare decisis (let the decision stand) in this case.” Howard Wasserman writes at PrawfsBlawg that “[t]here is no textual basis for” the court’s holding; “the majority instead relies on what is implicit in the structure and the ‘implicit ordering of relationships within the federal system.’” In an op-ed for The New York Times, Leah Litman warns that “Hyatt made clear that the five conservative justices are perfectly content to overrule a precedent merely because they disagree with it[:] That should raise alarm bells about Roe[v. Wade], particularly as states enact draconian restrictions on abortion.” At Reason’s Volokh Conspiracy blog, Stephen Sachs suggests that although “Hyatt is an unfortunate opinion—not just because some of its reasoning might be questioned, but because it makes the job of defending originalist doctrine harder,” “it may have a silver lining: encouraging a slow, possibly generational shift in legal conservatives’ position on the common law.”

Recommended Citation: Edith Roberts, Wednesday round-up, SCOTUSblog (May. 15, 2019, 7:06 AM), https://www.scotusblog.com/2019/05/wednesday-round-up-474/

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