Happy Thanksgeve* to you too.

* Apparently some of the kids these days are using this term, a word I never knew I needed.

If the plaintiff actually alleges PJ in the complaint—which is not required under FRCP 8—then I’d think it needs to have a basis in law and fact.

Links:
Biden v. Byrne motion: storage.courtlistener.com/recap/gov.us...

Dissent in TX redistricting case: electionlawblog.org/wp-content/u...

@hilzoy.bsky.social @blakeprof.bsky.social

I’m attending for the first time and looking forward to seeing what it’s like.

The 5 Colleges hosted a water polo tournament in the early 90s called the Baldy View Tournament, which I think was tongue in cheek because odds of seeing Mt. Baldy were 50/50.

Mandamus in the nature of procedendo, my favorite flavor of mandamus.

He did.

I saw them live!

In a different world, Congress might enact various complicated fallback provisions in case of invalidation of this or that provision.

Mike can speak for himself if he wishes, but the point I’m taking from this isn’t that the non-severability position is right but rather that the remedial difficulties surrounding the dozens of indep. entities Congress has created weigh in favor of preserving Humphrey’s.

@mls1776.bsky.social

Don’t forget the faxed handwritten edits that might have “despicable” scrawled on the top of the first page, but no one can decipher it for sure.

With the caveat that one can’t always tell from oral argument, it sounded to me like the Court will reverse and say that the state statute does not apply in federal court.

The tougher question seemed to be which Federal Rule(s) the state law conflicts with: 3, 8, 9, 11, 12, discovery, “structure”?

Someone (not me) wondered enough to write an article.

papers.ssrn.com/sol3/papers....

That could be, but I think other relevant remedies at law could include mandamus, quo warranto, and declaratory judgment.

For non-pedantic content on QP 2, by the way, see below from Sam Bray:

papers.ssrn.com/sol3/papers....