Woot. We called Sorrell, Bullcoming, PLIVA, Freeman, CSX, and Marshall. For those keeping score at home, Tom Goldstein went 3 for 6 today, missing PLIVA, Marshall, and Freeman. Overall, the score is now FantasySCOTUS: 9, SCOTUSBlog: 6. In light of the fact that Tom didn’t make predictions for 2 cases (Nicastro and Goodyear), and we are virtual certain about the remaining two (EMA and McCommish), it looks like we are going to take this one easily.
And for those of you interested (I know you all are), my SCOTUS withdrawal this morning was tough. My flight actually lifted off the ground at 10:03 a.m. I had just enough time to follow the SCOTUSBlog LIve Blog to see Bullcoming came down, and see the link to the case, but not download it (Don’t tell the FAA). When I landed I immediately took out my laptop, tethered to my droid, and downloaded the opinions. I was able to quickly skim through Sorrell, and Corey tipped me off about the Lochner references. I quickly (in about 2 minutes) searched for the word Lochner, assembled a post with some pithy analysis, and uploaded it. (Thanks to David to linking).
Next, I hauled tuchas to the train station, which is a bit of a schlep at O’Hare. I knew I had a 30 minute train ride to downtown, so while on the train, I tethered my Droid and started reading Sorrell. I was able to do an instant analysis of Justice Breyer’s alarmist dissent, and get to the beginning of Justice Kennedy’s majority opinion. Liveblogging under a time crunch is always fun.
I should have some more analysis later, though I am disappointed that it is so late. Sorry.