SCOTUS gave lots of fodder for 2L Comment writers today . . .
1) Ginsburg, in ruling that proximate cause is confusing to normal people and a lower standard is mandated by the Federal Employers Liability Act, cites Palsgraf v. Long Island Railroad and law students around the world throw up and go in to a fetal position.
2) Scalia says that a California law restricting the distribution of violent video games does not stand up to strict scrutiny.
3) CJ Roberts strikes down the Arizona public financing law because the law overly burdens speech. I have not read the opinion yet, but it seems to me that the Chief is making some interesting leaps, beyond money=speech, to get to this result. Time permitting, I’ll try to write it up.
Mixed bag, as I see it. Ginsburg doesn’t disappoint, Scalia demonstrates why I actually like him sometimes, and Roberts takes a right turn I’m not sure how he justifies.
