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John Elwood @johnpelwood.bsky.social · 1d

The Court granted review on Hunter v. US, previewed below. Note in particular the last line of my write up.

John Elwood @johnpelwood.bsky.social · 1d

Today's/Monday's #SCOTUS grants? Parental rights, vaccine mandates, 7th Amend. incorporation, Section 230, prison litigation, arbitration exemptions, appeal waivers, confrontation rights, tribal sovereignty, unclaimed property, qualified immunity, &Feres doctrine.

www.scotusblog.com/2025/10/the-...

The justices return — and so do the relists

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. Summer has ended at last. […]

www.scotusblog.com

John Elwood @johnpelwood.bsky.social · 1d

This week's installment was delayed because I had an argument in New Orleans Tuesday morning, then travelled up to Maine for Damariscotta's annual Pumpkinfest. My feed will transition from legal topics to oversized gourds shortly after 10 or 11 am.

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John Elwood @johnpelwood.bsky.social · 1d

#SCOTUS relisted 17 cases this week! Parental rights, vaccine mandates, 7th Amend. incorporation, Section 230, prison litigation, arbitration exemptions, appeal waivers, confrontation rights, tribal sovereignty, unclaimed property, qualified immunity, AEDPA, and the ever-resilient Feres doctrine.

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John Elwood @johnpelwood.bsky.social · 15d

Sidney Stein--generally well regarded. But he developed a strong dislike of Dowd when he wasn't present and all the defendants to that point were deflecting blame on the guy not in the room.

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John Elwood @johnpelwood.bsky.social · 15d

In an earlier trial, the judge repeatedly said "I would urge government to continue their investigation" of doctors, voicing "hope" govt "pursuing … the corrupt doctors," including Dowd. Govt indicted & case assigned to different judge. On Govt motion, 1st judge presided over case he'd "urge[d]."

John Elwood @johnpelwood.bsky.social · 18d

Remarkable. The government made no public filing, just emailed judge asking for restitution. Without waiting 14 days court rules provide, judge entered $8.5 restitution order on day 10 without hearing from the defendant. 2d Circuit said that was consistent with Due Process.

What will #SCOTUS do?

John Elwood @johnpelwood.bsky.social · Sep 9

My first Volokh Conspiracy post in over 11 years:

reason.com/volokh/2025/...

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John Elwood @johnpelwood.bsky.social · 18d

Remarkable. The government made no public filing, just emailed judge asking for restitution. Without waiting 14 days court rules provide, judge entered $8.5 restitution order on day 10 without hearing from the defendant. 2d Circuit said that was consistent with Due Process.

What will #SCOTUS do?

John Elwood @johnpelwood.bsky.social · Sep 9

My first Volokh Conspiracy post in over 11 years:

reason.com/volokh/2025/...

The Troubling Case of Dowd v. United States

I haven't posted on the Volokh Conspiracy in over a decade, because SCOTUSBlog is a better vehicle for my usual…

reason.com

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John Elwood @johnpelwood.bsky.social · Sep 9

Wishing her a speedy recovery. By coincidence, I think my (Maine) neighbor is also there recovering from a stroke.

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John Elwood @johnpelwood.bsky.social · Sep 9

My first Volokh Conspiracy post in over 11 years:

reason.com/volokh/2025/...

The Troubling Case of Dowd v. United States

I haven't posted on the Volokh Conspiracy in over a decade, because SCOTUSBlog is a better vehicle for my usual…

reason.com

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Reposted by John Elwood

Ennie @anyuse.bsky.social · Jul 31

Dear pierogi man:

I am *extremely* licensed in Massachusetts and would love to try a case in Dukes county, during the two months court is in session there.

I am 5-0 for trials since they restarted after the pandemic and the last two cases I defended resulted in an award of fees for my client.

New York Magazine @nymag.com · Jul 31

After a Martha’s Vineyard pierogi vendor refused to sell to him, Epstein’s lawyer plans to sue a farmer’s market so that they must sell to him.

Alan Dershowitz Takes on His Greatest Challenge Yet: A Farmers Market

After a Martha’s Vineyard pierogi vendor refused to sell to him, Epstein’s lawyer plans to sue a farmer’s market so that they must sell to him.

nymag.com

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John Elwood @johnpelwood.bsky.social · Jul 31

Tonight's walk. Pemaquid Point ME lighthouse.

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John Elwood @johnpelwood.bsky.social · Jul 31

Today's earworm.

youtube.com/watch?v=5jp_...

Natalie Bergman - Gunslinger (Official Video)

YouTube video by OfficialTMR

youtube.com

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John Elwood @johnpelwood.bsky.social · Jul 24

Today's earworm: "Gold Rush" by Lucius.

youtu.be/wQ-jTdRPA48?...

Lucius - Gold Rush (Official Audio)

YouTube video by Lucius

youtu.be

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John Elwood @johnpelwood.bsky.social · Jul 9

That is several rungs up from my business casual, which definitely involves jeans and probably an untucked shirt.

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John Elwood @johnpelwood.bsky.social · Jul 9

This guy showed up in my backyard just a couple days late.

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John Elwood @johnpelwood.bsky.social · Jul 5

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John Elwood @johnpelwood.bsky.social · Jul 3

And there they are: #SCOTUS has added transgender sports cases, a Heck v. Humphrey case, and state sovereign immunity cases.

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John Elwood @johnpelwood.bsky.social · Jul 1

Thursday's #SCOTUS grants? Court appears to have relisted the 3 transgender sports cases--potential blockbusters; a parental notification abortion case; 3 interesting state sovereign immunity cases; & 2 cases about using Section 1983 to challenge laws w/o vacating your conviction under them first.

SCOTUSblog @scotusblog.com · Jul 1

Off the field, off the rails, and off on vacation: The final relists of October Term 2024

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. Every summer, before the justices l...

www.scotusblog.com

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John Elwood @johnpelwood.bsky.social · Jun 28

Someone was saying "aha! Garnett was colleagues with one of them! Thus his view can't be trusted!" And the fact was, Garnett was colleagues with both (and indeed, is friends with both). It was nothing about the equivalency of the two job positions--it's like you're straining to be disagreeable.

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John Elwood @johnpelwood.bsky.social · Jun 28

Interesting that Justice Kavanaugh had two majority opinions for April and Justices Kagan and Jackson had none. They must have been assigned the ill-fated LabCorp and St. Isidore cases.

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John Elwood @johnpelwood.bsky.social · Jun 28

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John Elwood @johnpelwood.bsky.social · Jun 28

Um, Garnett was colleagues of both of them, at a small law firm in DC. Indeed, he was involved in recruiting both. From the National Law Journal, March 4, 2022:

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John Elwood @johnpelwood.bsky.social · Jun 27

From Consumers Research today: Justice Kavanaugh, who called for reconsideration of nondelegation doctrine, has made his peace with the "intelligible principle" standard. He makes explicit what some have speculated: Justices think major questions doctrine has mitigated risks of expansive delegation.

Reposted by John Elwood

Lawrence Hurley @lawrencehurley.bsky.social · Jun 26

Supreme Court will have its final rulings of the term, including birthright citizenship, on Friday.

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John Elwood @johnpelwood.bsky.social · Jun 25

Here's my preview of what I think may be Monday's #SCOTUS grants. They include a potential campaign finance blockbuster, where the Court may overrule a precedent about coordinated spending. Plus another election law challenge, a civ pro case, and immigration.

www.scotusblog.com/2025/06/a-bl...

A blockbuster finale looms

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court continues to make […]

www.scotusblog.com

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