Cert granted in Holcomb (now Lackey, since Holcomb left office) v. Stinnie. The cert briefing is fair game in prepping for arguments ..read more

Here, here, here, and here ..read more

Audio.  One final word on voluntary cessation: FBI v. Fikre, decided last month, offers a helpful explanation of the limits on voluntary cessation in mooting a case. Plaintiff sued the FBI for placing him on the no-fly; the FBI attempted to moot the case by removing him from the list. I should have Abstention papers back by Wednesday; you can pick them up outside my office. Remedies papers due at the start of arguments on May 10. See this post on everything you need to know about arguments. Please notify me of any food needs. Thank you all for a great semester, especially getting to be ou ..read more

This is from Prof. Ed Hartnett (Seton Hall Law School), the author of the leading Supreme Court practitioner's guide, writing about scope of injunction: There is an important and unresolved issue about the appropriateness of an injunction providing relief to nonparties. Such injunctions are sometimes called nationwide injunctions or universal injunctions, but the concern is not with their geographic scope, but their provision of relief for nonparties--creating, in effect, a class action without meeting the requirements of [FRCP] 23, while undermining both the limitations on non-mutual issue pr ..read more

Tuesday audio. Abstention papers due at the beginning of class. Prep the remainder of Ch.9, including the review puzzles. Have a look at the SCOTUS opinions in the Idaho case, which illustrates a lot of what we discussed about scope of injunction and what happens after the injunction. Recall Doran, in which the Court explicitly said the injunction as to two bars did not prohibit the city from prosecuting anyone else under the same ordinance, subject to the law of precedent and stare decisis. Note a change in law in § 9.17[1]--the Fourth Circuit overruled circuit precedent and ceased to be the ..read more

On Tuesday we will discuss the procedure of injunctive relief in all its pieces--scope of injunction, stays and injunctions pending appeal, emergency motions and the "shadow docket." This cases arises from a challenge to Idaho's ban on transgender care for teens; the district court entered a preliminary injunction prohibiting enforc (the scope is unclear); the Ninth Circuit declined to stay the injunction (allowing enforcement of the law); SCOTUS stayed the injunction to the extent it protected beyond the plaintiffs, but left it in effect as to the two or three named plaintiffs. Justice Gorsuc ..read more

Monday audio. Abstention Papers due next Monday. Consider the arguments for and against a finality requirement for RF, grounded in the text of § 1257 and § 1331 and in the underlying policy of RF. For tomorrow, prep § 9.01 and Parts A and B (different from what I told you)--we will go in the order of the chapter of Damages and Prospective Relief.     • What are the competing ways of dividing categories of remedies?     • What monetary recovery is available and what are the limits on that? What is the problem with cases settling?     • What is the pr ..read more

1) From the Sixth Circuit: Considering whether the county (and the country treasurer) are arms of the state or the county. 2) You should have seen the stories about the student who attempted to give a protest speech during a dinner for graduating students at the private home of dean of Berkeley Law. Lots of discussion of whether the student enjoys First Amendment protection (she almost certainly does not). Note that this assumes the dean acted under color in hosting this party at his home -- did he? 3) Media Matters sued the Texas AG in the District of the District of Columbia, claiming a Firs ..read more

Here, here, and here ..read more

Tuesday audio. We will finish the Younger Puzzles, then move to Rooker-Feldman and the Abstention Review puzzle (SKS).     • What is the distinction between Younger and Rooker, which both seem to be about allowing state courts to adjucate federal issues.     • What is the narrow definition of Rooker and how has it been expanded? How should it differ from Preclusion (review that portion of Chapter 7)? I hope to get to Remedies at the end of class. The last panel should prep just Overview in § 9.01. We then will cover all of Chapter 9 in the final two classes. Note ..read more