Rats!

Well, the Supreme Court refused to hear the McFarlane v. Twist case (in which I wrote the amicus brief). Too bad, but not unexpected: The Supreme Court agrees to hear only about 1% of the cases that it’s asked to hear each year; the odds were always against us, even though I do think the case is certworthy. Still, it’s an interesting issue, on which there’s a real disagreement among lower courts. I hope the Supreme Court gets to revisit soon.

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