I have a SCOTUSBlog case preview on next Tuesday’s arguments
Comments
Yeah, Hyatt was not a case about the constitutionality of a federal statute. Katz was, though.
Posted by: Asher Steinberg | Oct 29, 2019 10:22:38 PM
I know it isn’t a part of the case, but it’s pretty outrageous that North Carolina passes a law giving themselves the right to use someone else’s copyrighted material.
Posted by: MGould | Oct 29, 2019 4:06:52 PM
(Though, perhaps the more apt comparison would be Florida Prepaid. And it appears that the SG did weigh in there, arguing in favor of the constitutionality of the TRCA/PPVRCA. Maybe the SG, stuck between deciding not to defend the constitutionality of a statute or coming up with some specious distinction between those two statutes and the CRCA, decided to just sit this one out.)
Posted by: TNN | Oct 29, 2019 3:40:26 PM
The SG also didn’t weigh in Hyatt II or Hyatt III. I don’t think it’s that unusual for the SG to stay out of state sovereign immunity disputes, though I’d be happy to see more robust statistics either way.
Posted by: TNN | Oct 29, 2019 3:30:30 PM
Your link to Baude and Sachs doesn’t work, but this one does:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3466298
The SG’s absence as amicus from this case on either side is very strange to me, but it looks like the SG’s office didn’t file a brief in Katz either.
Posted by: Asher Steinberg | Oct 29, 2019 2:05:51 PM