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Shownotes
We open with the usual grab bag—the "foot fault" pun buried in a Justice Thomas opinion, reading Justice Alito's clerk-hiring tea leaves, and a detour into the metaphysics of conditional resignations and whether you can be confirmed to a vacancy that doesn't exist yet. Then to the merits: Keathley v. Buddy Ayers Construction, a 9-0 judicial-estoppel case that lets us ask where the doctrine even came from (Tennessee, 1857, apparently), and Abouammo v. United States, the venue case about a former Twitter employee who fabricated a document while the FBI sat downstairs. The venue talk wanders, happily, into the Yellowstone "zone of death," a C.J. Box thriller, Jim Comey's second career as a novelist, and an extended appraisal of watch brands.
Highlights
[] - Podcast update, SCOTUSblog partnership, and listener reviews
[] - Justice Thomas's "foot fault" joke
[] - Sam Bray citation discussion (Aldridge v. Regions Bank)
[] - Justice Alito retirement speculation and clerk rumors
[] - Vacation schedule and the upcoming opinion gap
[] - June 11 merits decisions overview
[] - Landor and the still-outstanding big case of the term
[] - Justice Sotomayor's statement respecting denial of cert on ineffective assistance
[] - Keathley v. Buddy Ayers Construction: bankruptcy and judicial estoppel
[] - The Fifth Circuit's rule on inadvertence and mistake
[] - Justice Jackson's majority opinion
[] - Justice Thomas's concurrence and the history of judicial estoppel
[] - Justice Sotomayor's concurrence and totality-of-the-circumstances approach
[] - Abouammo v. United States: Article III venue and criminal prosecution location
[] - Yellowstone's "zone of death" and vicinage problems
[] - The fake invoice, FBI investigation, and venue dispute
[] - Venue, personal jurisdiction, and extraterritorial conduct
[] - Statutory venue rules and unresolved constitutional questions
[] - Reprosecution after a venue reversal and double jeopardy
