Radical Agreement
After taking some listener questions, we analyze the lengthy shadow docket opinions in Labrador v. Poe, dealing with universal relief, emergency applications, and more. We then tackle two recent merits opinions: Devillier v. Texas (takings) and Muldrow v. St. Louis (Title VII).
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Transcript
Will: [unintelligible piece. So, maybe I'm being too generous. And I wasn't sure. Is this the first time Justice Alito has joined this argument? Will: But he now at least seems to be expressing more openness than I'd seen before to the possibility that it's the right rule in the non-APA cases. Not committing to it. And here, he's looking at it for practical reasons but that's interesting. And in any case, here he's going along with a decision to lift the stay as to the [unintelligible party. So, yeah, he's clearly somewhat open to it. Will: [unintelligible [laughs] nervous about this one. Will: Not Fourth Amendment violations, usually. And maybe those are not usually perpetrated by the state. They're perpetrated by individual officers. All this depends on [unintelligible .