Tobias Loss-Eaton

Appellate, regulatory, and transportation litigator at @SidleyLaw. Co-director, Nw. Law SCOTUS Clinic. Red Sox fan, car nerd. Same handle in the blue place.

[John Elwood @johnpelwood]

Monday's #SCOTUS relists? All the new relists this week concern two issues of immigration law on which the Solicitor General has confessed error. The only question is whether the Court GVRs or grants plenary review. Plus I bet we get some grants out of the last set of relists.

[Sean Marotta @smmarotta]

This morning I learned that at some point recently the Solicitor General moved on from Courier New for non-booklet documents and I don't understand how we have a dedicated #SCOTUS press corps that overlooked this momentous news.

[Tobias Loss-Eaton @tsle33]

@smmarotta Yeah, this is front page banner headline news!

[Tobias Loss-Eaton @tsle33]

Our toddler learned how to say “thank you” when we give him things, then noticed that we always respond with “you’re welcome.” So he’s streamlined the process: Now when we give him something he just declares “I welcome!”

[Tobias Loss-Eaton @tsle33]

The fancy Westlaw AI when you ask it a basic procedural question:

[Tobias Loss-Eaton @tsle33]

Ugh, I’ve been dreading this. Specific tools aside, Casetext loaded much faster, had a far superior interface, and was much nicer to look at. I hope Westlaw can incorporate some of those features, but I won’t hold my breath.

[Tobias Loss-Eaton @tsle33]

If you see the phrase “it is common sense that …” in a brief or court opinion followed by a paragraph with zero citations, it’s 50/50 whether it’s the most obvious point possible or something completely ridiculous.

[Raffi Melkonian @RMFifthCircuit]

I don’t get this at all! No one thinks “boneless” is a cooking style, do they?

https://t.co/dYeS2Srsg4

[Tobias Loss-Eaton @tsle33]

Sorry, everyone—Loper-Bright came out today because my nanny is out sick.

[Tobias Loss-Eaton @tsle33]

“Lenity applies whenever there’s a reasonable doubt about the statute’s scope” would be a pretty significant—though welcome—shift from how the Court typically talks about it these days.

[Anthony Michael Kreis, FRHistS @AnthonyMKreis]

Justice Gorsuch is about to hand the January 6th defendants a solid, I think, and he's telegraphing it in his concurrence in Snyder.

[J.P. Long @SoxNotes]

MLB’s best records since May 19:

1. Guardians 20-9, .690
2. RED SOX 20-12, .625
3. Orioles 21-13, .618

[Tobias Loss-Eaton @tsle33]

Excited to be headed to Denver for the ATLP conference. I'm speaking on a panel tomorrow morning about Chevron deference, so naturally everything I say may be moot within 24 hours!

https://t.co/1JnZFOlVSD

[Tobias Loss-Eaton @tsle33]

@smmarotta “Amicus writes to highlight that an extension is warranted because amicus has not even had time to *start* The Acolyte yet, and courts widely recognize that exposure to spoilers constitutes irreparable harm.”

[Tobias Loss-Eaton @tsle33]

I'm thrilled to again be Chambers-ranked for my litigation and regulatory work in the transportation space. 2024 has been another busy year, with the rail and aviation industries producing even more high-stakes appellate and regulatory matters.

https://t.co/KVFHiIfftM

[Tobias Loss-Eaton @tsle33]

@knitsandflowers I totally forgot about this! Although this story may say as much about my brain’s ability to find small objects as it does about your organizational skills.

[Tobias Loss-Eaton @tsle33]

Little guy decided he wanted to get an early start on memorizing his T6 abbreviations.

[Tobias Loss-Eaton @tsle33]

@Judge_Leben @KansasLawReview I suppose a court rarely needs to go en banc if it never needs to clean up conflicting panel decisions. But then, what is the en banc process for? Are those decisions binding in all future cases?

[Tobias Loss-Eaton @tsle33]

@JoeDudekJD Especially when the exact date doesn’t even matter.

[Tobias Loss-Eaton @tsle33]

@JoeDudekJD “Approximately”?

[Tobias Loss-Eaton @tsle33]

@chriskozak19 My brain just short-circuited at “judges can ask counsel for extensions”!