Argument recap: Contending with old precedent

Imagine having to contend with precedent the Court has followed, repeatedly, over the course of eighty-five years. That was the predicament faced by counsel for the petitioners during Wednesday’s oral arguments in Kurns v. Railroad Friction Products Corp., which I previewed earlier this week. At issue in Kurns is whether the Locomotive Inspection Act (LIA) … Continue reading Argument recap: Contending with old precedent