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Monday, June 01, 2015

What took so long?

The waiting is over, although still no indication of cause: SCOTUS finally decided Elonis v. US, six months to the day after argument. As expected, the Chief wrote the opinion, deciding the case entirely on statutory grounds and declining to reach the First Amendment question. Justice Alito concurs in part and dissents in part, Justice Thomas dissents.

Still working my way through the opinion. I may have more to say later, including perhaps some speculation about why what ended up as a statutory case took so long.

Posted by Howard Wasserman on June 1, 2015 at 11:37 AM in First Amendment, Howard Wasserman | Permalink

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