Scent off a Woman

More background on the case here:

www.administrativelawmatters.com/blog/2024/10...

The case involves a judicial review to a decision of the Ethics Commissioner and in particular (a) whether political oversight is an adequate alternative remedy to judicial review and (b) whether a partial privative clause (and, by extension, a full privative clause) is constitutionally permissible.

Will they be fillable?

This is all undoubtedly true but the Americans also rely on doctrines like mootness and prematurity much more than courts in (eg) England, Australia, Canada. They also have a surprising amount of technicalities and unresolved questions about federal court jurisdiction. Many traps for the unwary.

I appreciate there are legitimate concerns in the US about forum shopping and the availability of different types of remedy against executive action, but if so those concerns should be addressed head on, rather than have the apex court resolve big questions on the fly

I can only think of one Canadian example, where the SCC granted a stay of the destruction of data after an appellate court implausibly refused the stay. Otherwise it’s full briefing and oral argument.

My blog output should be back to once or twice a week fairly soon — it always takes a hit around February, March and April due to teaching (and the Champions League…)

That’s a possible, maybe likely, outcome (I hope to write up my thoughts on this soon) but this one was just about urgency. We will see about the merits!

Shout out at para 27 to the Centre for Public Law @uocommonlaw.bsky.social which is seeking to intervene!