Tuesday, June 22, 2010

First case finished

I just finished Levin v. Commerce Energy. It kind of reminds me of what I feel like after I go running. The running isn't necessarily fun, but it feels good after it is over.

So my impressions are these:

All of the Justices make sense. Some make more sense than others, but they can all sure argue in favor of their argument. I agreed with the holding of the court (remanding to the state court on principles of comity), but I think I agree most with the concurrence by Justice Thomas (stating that the case should have been remanded for lack of jurisdiction prior to even considering comity). I like it when they quote themselves from previous cases. And I am a sucker for a well-played quotation. The reason why I liked Thomas' opinion is that he considered the difference between "may" and "should" in one of the Court's previous decisions on which the current case seemed to turn. I like debates about semantics.

I also think it is funny when they talk about themselves, as a court, in the third person. They will say "I am still a little troubled by the Court's decision in the Hibbs case" or "while the Court's reasoning in Dow did not clearly define comity..." I especially think it is funny when they disagree with each other (and they obviously often do).

This was a modest case at only 28 pages. I found it reasonably clear to read. I did read the footnotes (I should say skimmed), but I did not look up other cases that were cited. I probably should have looked up the statute cited (The Tax Injunction Act), but I think I am still a little bit lazy at this point in my project.

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