Co-Blogger Jon Adler flagged an alternate in Royal Canin U.S.A., Inc. v. Wullschleger. Chief Justice Roberts requested Ashley Keller if there have been any instances the place the Supreme Court docket “got here out the opposite approach than each courtroom of appeals had come out.” Keller was not in a position to consider an instance on the spot. After just a few 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: Someone will test. I simply –
JUSTICE KAGAN: Gosh, I am unsure which approach that cuts.
(Laughter.)
CHIEF JUSTICE ROBERTS: I am unsure that is true. I simply have it behind my thoughts, however –okay.
Sure, somebody would “test” 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? Choose Anthony M. Kennedy. AMK dominated that the one-house veto violated the separation of powers. So Chief Justice Roberts is fallacious on this entrance. Even higher, Antonin Scalia filed an amicus temporary on behalf of the American Bar Affiliation supporting affirmance!
However there’s one pretty distinguished case wherein the Supreme Court docket got here out the alternative approach of all decrease federal courts: Brown v. Board of Schooling. 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.