Impregnable Citadel of Technicality
Show notes
After puzzling over an interesting follow-up question about Pitchford v. Cain, we unpack a summary vacatur in Whitton v. Dixon. We then spend a while breaking down the latest developments in Allen v. Milligan line, in which we discuss the future of the Purcell principle and whether the Court should be unusually attentive to public appearances in election cases. We finish with Sripetch v. Jarkesy, where the Court rejects a requirement that the SEC prove victims suffered pecuniary loss before seeking disgorgement, with specific attention to the interesting Seventh Amendment question raised in Justice Thomas's concurrence.
Key Topics[00:03:23] - Listener question on Pitchford v. Cain, AEDPA, and procedural default
[00:08:12] - Whitten v. Dixon: summary vacatur in a capital case and harmless-error review
[00:12:44] - Justice Thomas’s dissent and the critique of selective error correction
[00:22:46] - Allen v. Milligan / Alabama redistricting and the stay of the lower court injunction
[00:27:24] - The Court’s restatement of Milligan and discussion of “colorblind constitution” language
[00:32:30] - Purcell, election timing, and whether the doctrine is really about federal court intervention
[00:41:20] - Merits and legitimacy concerns in election-law cases
[00:53:27] - SEC v. Sripetch and the disgorgement remedy
[00:58:42] - Justice Thomas’s concurrence on disgorgement, equity, and the Seventh Amendment
[01:03:36] - Broader implications for administrative law and jury-trial rights