The Supreme Court's Jarkesy decision is about keeping promises

John Roberts’s opinion of the Court in Jarkesy correctly describes its application of law as “straightforward question.” It follows clear precedent (Granfinanciera “decides this case”), distingiuishes irrelevant precedent (Atlas Roofing), and admirably confines the erroneous expansion of the “public rights” doctrine to its narrow origins so that it no longer would be the exception that swallowed the rule. Decades of sloppy jurisprudence got cleaned up…

July 9, 2024

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Originally Published in Daily Journal