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American Carnage

Like a lot of other people, I knew from before 2016 that Donald Trump would be a moral and political catastrophe for the country. Read the posts (more than fifty of them, going back to late 2015). But despite four years of this, it is still shocking, horrifying, and humiliating to see an armed, seditious insurrection take over the Capitol—and even more shocking, horrifying, and humiliating to know that the head insurrectionist is the country’s chief law enforcement officer. If it were not for the professionalism, patriotism, and commitment to the law of the nation’s military officers, I have no doubt that we would be living through a true coup d’├ętat today and not just thousands of alienated and ignorant minuteman cosplayers who believe everything Trump and his craven enablers in Congress, the Republican Party, and the right-wing media have been telling them for years. (more…)

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Cert. Watch: Servotronics v. Rolls-Royce

Readers, I am keeping my eye on the cert. petition in Servotronics, Inc. v. Rolls-Royce plc, a case I’ve written about before, which raises the question whether § 1782 reaches private international arbitrations, or more specifically, whether such arbitrations are proceedings in a foreign or International tribunal, as the statute requires. The petition was filed in December. I’ve said before that given the existing circuit split, a well-drafted petition could be compelling. But I also have expressed some doubt about whether the parties could get the case teed up for the Supreme Court in time to avoid mootness, since under ordinary rules the arbitration still has to be pending for the Court to have jurisdiction to hear the case. (more…)

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