When Did The Supreme Court Come Out “The Other Way Than Every Court of Appeals”?

Co-Blogger Jon Adler flagged an trade in Royal Canin U.S.A., Inc. v. Wullschleger. Chief Justice Roberts requested Ashley Keller if there have been any circumstances the place the Supreme Court docket “got here out the opposite means than each courtroom of appeals had come out.” Keller was not ready to think about an instance on the spot. After a number of moments, Roberts considered a case:

CHIEF JUSTICE ROBERTS: Was that -was that the case in Chadha?

MR. KELLER: INS versus Chadha?

CHIEF JUSTICE ROBERTS: Sure. MR. KELLER: I –I do not know. I apologize.

CHIEF JUSTICE ROBERTS: Anyone will verify. I simply –

JUSTICE KAGAN: Gosh, I am undecided which means that cuts.

(Laughter.)

CHIEF JUSTICE ROBERTS: I am undecided that is true. I simply have it at the back of my thoughts, however –okay.

Sure, somebody would “verify” that. His title is Seth Barrett Tillman. Seth jogged my memory that in Chadha, the Supreme Court docket affirmed the Ninth Circuit. And are you aware who wrote the circuit courtroom opinion in Chadha? Decide Anthony M. Kennedy. AMK dominated that the one-house veto violated the separation of powers. So Chief Justice Roberts is unsuitable on this entrance. Even higher, Antonin Scalia filed an amicus temporary on behalf of the American Bar Affiliation supporting affirmance!

However there may be one pretty outstanding case by which the Supreme Court docket got here out the other means of all decrease federal courts: Brown v. Board of Training. The Court docket reversed three federal courts in Kansas, South Carolina, and Virginia. In fact, the Court docket affirmed the Delaware Supreme Court docket, which discovered that the separate faculties weren’t equal.