A Rendezvous With Humphrey
Very soon, the Supreme Court will be asked to decide whether Humphrey’s Executor should be overruled. Critics often assert that the Justices should not decide important questions on the emergency docket. Indeed, some Justices said these sorts of disputes are better resolved in the orderly process on the merits docket, as if “percolation” matters anymore.
I don’t think this rationale holds up for Humphrey’s Executor. Since Seila Law, everyone has been on notice that Humphrey’s Executor was on life support. As we learned in Janus, parties should have taken notice that Abood was put on a death watch. Ditto for the Lemon te
Article from Reason.com
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