Blog Updates
With apologies to the late great Warren Zevon, I cannot help but riff on the all-time greatest song with lawyers as the first word of its title as I think about the Supreme Court’s scheduled oral argument this morning in United States v. Davis . Over at SCOTUSblog, Leah Litman has this extended preview of the argument under the title “Who’s afraid of the categorical approach?,” and it provides some context for my pop-culture reference:
Another preview of this case and today’s argument is available here from Jordan Rubin at Bloomberg Law under the headline “Guns, Violence, Gorsuch in Spotlight in Supreme Court Dispute.” Because Justice Gorsuch was the key swing vote in Dimaya , these previews sensibly highlight his importance in the resolution in Davis . But I will also be interested to see if Justice Kavanaugh has anything notable to say during oral argument today. Because his predecessor, Justice Anthony Kennedy, was not a big fan of Johnson jurisprudence, and because his pal Chief Justice Roberts also seems to favor the government in these cases, I am inclined to guess Justice Kavanaugh will be resistant to extending Johnson . But you never know how his extended history as a circuit judge might shape his views on these kinds of cases. via Tumblr Lawyers, guns and vagueness: how will SCOTUS look to get out of this Johnson mess?
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