6 Comments
User's avatar
Susan Linehan's avatar

Is the routine reporting of who appointed what judge a new (ish) thing? Was there a time when, for all but the most controversial opinions, we did not care about that?

What do we DO with a justice who decides he know better that the district court about the credibility of a witness, without having actually seen that witness? I can see rejecting reliance on a witness where the witness is dead wrong--say, in a boundary dispute going with the testimony of a witness who argues that because the earth is flat the measurements change. But credibility?

Expand full comment
Joe's avatar

Kagan in "this is some b.s. you are trying to sell us" mode.

Expand full comment
Chris Geidner's avatar

It was quite a day for her; listen to it if you can. I had to focus on Alito because, but she was on fire today.

Expand full comment
Joe's avatar

Yes, I listened to much of the argument, including early on when Kagan said the advocate was making up some rule.

Expand full comment
Chris Geidner's avatar

Yup! That’s in my Slate piece! (I thought it was in my selection here, but I guess not.)

Expand full comment
Lance Khrome's avatar

So, Alito was outvoted in Allen v Milligan, contra Rucho, and he's back again with (mis)arguing "clear error" doctrine in order to avoid confronting the "racial" component of the SC gerrymandered redistricting map, per Sect 2 of the VRA...is this close to what this is about?

Expand full comment