, 9 tweets, 3 min read Read on Twitter
1/ My view from the Court. Today there were several large groups of admissions from the U.S. Air Force, Columbia Law School, and Boston College Law School. The process took nearly 15 minutes. #SCOTUS
2/ J. Kavanaugh announced Apple v. Pepper--his first 5-4 majority opinion. I lol'd when he said President Benjamin Harrison signed the Sherman Antitrust Act. Cf. theatlantic.com/ideas/archive/…
3/ Next, J. Thomas announced Franchise Tax Board v. Hyatt. I winced when he said Chisholm v. Georgia was erroneously decided. (Justice Wilson was right!). In his decision, he used the word "discredited." But I recall that he used the word "erroneous" in the hand-down.
4/ When Thomas said judicial review (and Marbury) are implicit, rathe than implicit in our Constitution, the Chief Justice smirked. At the time, I was certain that we had a usual CT majority opinion, where several Justices concur separately. Yet, CT kept the five together!
5/ Next, J. Thomas announced the majority opinion in COCHISE CONSULTANCY, INC., ET AL. v. UNITED STATES EX REL. HUNT. I had only heard of the case a few minutes earlier. I was sitting next to counsel of record for respondent, Earl Neville Mayfield III oyez.org/cases/2018/18-…
6/ Mayfield told me that he had come to the Court last week, and this week, in the hope that his case would be decided. Once the Chief said that Thomas had the opinion in Cochise, I gave Mayfield a pat on his shoulders.
7/ As Thomas described the facts of the case, Mayfield sat stoically. When he finally said the magic words "affirm," Mayfield cracked the faintest smile. I shook his hands afterwards. It was unanimous.
8/ Watching him during that rollercoaster was exhilarating. I hope that I could keep my composure in such a situation. Hell, I lol'd when J. Kavanaugh mentioned President Harrison.
9/ It was a fun day at Court.
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