At 9:30 a.m. on Monday we expect ... (click to view)
Editor's Note :
At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging shortly before 10:00 a.m.
Issue: (1) Whether a claim is ripe when it is predicated on a plaintiff’s potential future injury and mere good faith intent to take steps in fifteen to twenty years that could, depending on a chain of uncertain events, cause the plaintiff to suffer an actual injury some day in the future; and (2) whether the federal oxygenate mandate in the Clean Air Act Amendments of 1990, 42 U.S.C. § 7545, preempts a state-law tort award that imposes retroactive liability on a manufacturer for using the safest, feasible means available at the time for complying with that mandate.
How to prepare for oral argument; answering the questions asked; and the (limited) relation of ideas of Justices, the Court, and jurisprudence to the reality of oral argument. “Just the way they say, ‘Battle plans never survive contact with the enemy,’ oral argument plans never survive contact with the Court.” In this six-part interview, Eric Schnapper — […]
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