Monday, May 5, 2014

Drake v Jerejian Denied!

TTAG has the story here. I must confess being very surprised it was denied. I figured if cert were granted we would have heard about it on Friday, expecting to see it relisted today, but denial was always a possibility. As TTAG implies though, better to have cert denied than to have the Drake decision affirmed.

So Ilya Shapiro writing under the Cato banner has this commentary on the denial, where he sums up the strangeness of denying cert:
"It’s as if the Supreme Court announced that the First Amendment protects an individual right to blog about politics from your home computer, but then some lower courts allowed states to ban political blogging from your local Starbucks."
His commentary ends on a pretty sour note, but I think it's important to remember that we're still waiting for a final-final decision in Peruta (the 9th Circuit decision regarding same issue in CA), and until that well-reasoned opinion is the final decision it may be that the Supreme Court just decided the disagreements at the Circuit level weren't "ripe" enough.

SCOTUS record of Drake timeline is here, culminating in today's denial without published reasoning.

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