When Did The Supreme Court Come Out “The Other Way Than Every Court of Appeals”?
Co-Blogger Jon Adler flagged an exchange in Royal Canin U.S.A., Inc. v. Wullschleger. Chief Justice Roberts asked Ashley Keller if there were any cases where the Supreme Court “came out the other way than every court of appeals had come out.” Keller was not able to think of an example on the spot. After a few moments, Roberts thought of a case:
CHIEF JUSTICE ROBERTS: Was that -was that the case in Chadha?
MR. KELLER: INS versus Chadha?
CHIEF JUSTICE ROBERTS: Yes. MR. KELLER: I –I don’t know. I apologize.
CHIEF JUSTICE ROBERTS: Somebody will check. I j
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