Supreme Court and constitutional law roundup

  • In Tyson Foods v. Bouaphakeo, Kennedy preserves statistical sampling as a way of proving classwide liability; liberal side would have prevailed even with Scalia on court [Mark Moller/PrawfsBlawg, Daniel Fisher, Paul Karlsgodt]
  • Cato’s amicus brief suggests nifty administrative-law fix by which Court could excuse Little Sisters of the Poor without stoking culture war [Ilya Shapiro]
  • Oral argument in case on whether RICO racketeering law applies extraterritorially [Daniel Fisher, first and second posts; RJR Nabisco v. European Community]
  • Luis v. U.S.: oddly split Court restricts freezing of untainted assets when needed to pay for criminal defense [Jonathan Adler, Scott Greenfield]
  • Caetano: Court tells Massachusetts to revisit its opinion that Second Amendment cannot apply to stun guns [Jonathan Adler, Eugene Volokh]
  • As predicted, Court won’t take up weak claim by Oklahoma and Nebraska that Colorado’s pot law harms them [Tim Lynch and Adam Bates]
  • Amicus wranglers, amicus whisperers; friends of court seen to display flock, herd, pack behavior [Adam Liptak, New York Times]

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