Top Tweets for #SCOTUSLive
tfw when the Chief says "Ms. Ellsworth" and it's your careerlong friend and mentor that speaks next.
#SCOTUSLive
Tide Pod Challenge! That's a blast from the past. #SCOTUSLive
ACB has an interestingly detailed knowledge of Etsy. #SCOTUSLive
"Always delighted to see you, General," says Justice Gorsuch in a statement that we can all agree with. #SCOTUSLive
Good morning! Will Milliken here. I’m a director in Sterne Kessler’s Trial and Appeals Group and co-chair of the firm’s Appellate Practice. I’ll be providing real-time analysis of today’s #SCOTUS argument in #Amgen v. Sanofi.
#AppellateTwitter #SCOTUSLive 1/
Justice Barrett asking the key question of whether retweets equal endorsements.
#SCOTUSLive
"Well, it's responsive, but I don't understand."
Ow. Ow. Ow.
#SCOTUSLive
I admit, I've never tried the "can you tell me what the trap you're trying to lay is and then I can try to answer your question?" approach as an advocate.
#SCOTUSLive
Assistant to the Solicitor General Vivek Suri with the best answer to an age-old oral-argument question.
Sotomayor: "Tell me how to write this opinion."
Suri [pausing for a beat]: "I'd suggest copying our brief, your honor."
#SCOTUSLive
Today is the day, court convenes at 10am Eastern
HAALAND V. BRACKEEN
https://t.co/gQWiNpV1vL
Normalize saying Nation rather than Tribe.
That might help getting the peer-to-peer ducks in a row.
#SCOTUS #SCOTUSLive #ICWA #Haaland
Okay. I need to drop off to run the kiddo to the doctor. But I'll listen or read the transcript later and may pick up the thread.
#SCOTUSLive
J. Kagan asks why a ruling for Petitioner would not gut Daimler. So, I'd put her pretty strongly in Norfolk Southern's camp.
#SCOTUSLive
Keller, by the way, is an excellent advocate. He has an easy way with the justices and a good command of doctrine and (his view of) the history.
#SCOTUSLive
J. Alito: "Are there any natural persons who are present in all 50 States at the same time?"
Keller: "Of course not."
Thomas can be heard laughing.
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J. Kavanaugh tries to get Keller to commit on whether a State can keep an out-of-state business out of the State. Keller tries to duck and weave, saying it's a dormant Commerce Clause question. Kavanaugh keeps on him.
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J. Kagan setting her usual J. Kagan trap. Gets Keller to admit that there is a due-process right to resist jurisdiction. So if consent-by-registration is waiving that right, doesn't that put us into unconstitutional conditions?
#SCOTUSLive
J. Jackson seems to reconcile International Shoe and consent-by-registration by saying it's waiver.
J. Gorsuch lobbing a softball, asking why corporations should be treated better than individuals. Individuals can be "tagged" in foreign-cube situations.
#SCOTUSLive
J. Alito asks whether Keller can win without a long historical tradition of States exercising jurisdiction in "foreign cubed" (foreign plaintiff, foreign defendant, foreign incident) cases. One thing here is Mallory presents the HARDEST case for his side.
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J. Kagan is on a similar line, asking whether doing business alone could be deemed consent. (Keller says no.) They go back and forth on whether "the piece of paper" of registration matters for jurisdiction.
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