The “framers” of our Constitution were not Alexander Hamilton, James Madison, and John Jay. Their newspaper editorials are not the words the people and states of the United States of America ratified. Yet we get “Framers” with a capital F from courts then a citation to the Federalist Papers. (Excerpt from the recent Loper Bright opinion overruling Chevron).
Article III should not be used to nullify statutes judges don’t like. The elements of Article III standing—injury, traceability, and redressability—should not constitutionalize merits questions on damages and causation, allowing merits decisions without a jury/trial.
Tough couple of weeks if you teach admin law. What happens to the average course syllabus without Chevron? I don’t know how I would fill it with topics. Perhaps a semester of statutory interpretation?
A group of YouTube TV subscribers alleged in a lawsuit that the Disney broke antitrust law by using its ownership of both Hulu and highly sought-after cable network ESPN to drive up online TV subscription prices. https://t.co/c1em21M2fQ
A federal judge said Thursday he will advance advertisers' $67.8 billion antitrust class action against Facebook despite doubts that the social media giant barred competitors from entering the social advertising market. @MariaDinzeo https://t.co/8kqmsuIXbL
Excited to have been named runner up litigators of the week for our class certification victory in the Boeing / SWA RICO case. https://t.co/4GpB7My66E via @litigationdaily
Very pleased that the Court in the Eastern District of Texas has certified our RICO overcharge class action against #Boeing and #Southwest. This is precisely the sort of conduct that #RICO was designed for, and we look forward to trying the case as lead class counsel.
And if we’re having a conversation about the #antitrust laws, shouldn’t we talk about forced #arbitration that monopolists can impose on their customers? How about draconian direct purchaser rules that shut out consumers from antitrust enforcement?