Monday audio. Monday audio reposted.
We finish with § 1257(a) and the third possibility under Cox Broadcasting.
In addition, read pp. 8-11 in Moore v. Harper. The Court reject the independent state legislature doctrine--the theory that the U.S. Constitution grants state legislatures exclusive and unilateral control over redistricing and selector of presidential elections, unchecked by the state executive or state courts. The case was complicated because the North Carolina Supreme Court first reached the merits and rejected ISL, then (while the case was pending in SCOTUS and after the court's political alignment changed) reconsidered and held that political gerrymandering claims are not justiciable under the state constitution. SCOTUS thus had to consider whether the initial judgment rejecting ISL was final for § 1257. Was the Court right in finding finality? Did it rely on the correct Cox category?
Then move to Review of Federal Courts of Appeals. Add Supreme Court Rule 11, which deals with Cert before judgment; the Vladeck piece provides a nice history of this practice. What does it mean for a case to be "in" the court of appeals for § 1254?
I hope to move to Panel 3 and Courts of Appeals for the end of the class. For tomorrow, prep Structure and Finality/Collateral Order. Note how the courts of appeals are organized and the slightly different status and longevity for judges, as shown in the rules and statutes.
