Today’s Supreme Court Opinions

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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3 Responses

  1. Michael Teter says:

    Another possibility to explain Justices Sotomayor’s and Kagan’s decision not to join footnote 1 is that they don’t share Justice Ginsburg’s view that the Congress can abrogate state sovereign immunity under the Commerce Clause power.

  2. JoeJP says:

    They might just want to remain agnostic. Interesting too they joined w/o comment a later aspect of the dissent that strongly challenged a pregnancy discrimination precedent. And, want to bet that Ginsburg is on the “equality treatment” feminists side of the debate?

    I can see Scalia doing My Cousin Vinny (20th Anniversary) but do get tired of these sarcastic comments in opinions. He is far from alone there. Seems non-judicial.

  3. AF says:

    I interpret Sotomayor and Kagan as not feeling the need to go on the record one way or another. Ginsburg and Breyer are already on the record, so they don’t face the same considerations.