Traffic Fails and Flushing Tales: Weekly Brief for May 4

The Supreme Court generated a bevy of headlines this week, all for very different reasons. The Court issued two unanimous decisions: In Kelly v. United States, it vacated the fraud convictions of two state officials in the 2013 Bridgegate scandal who caused a traffic fubar by shutting down two lanes of the George Washington Bridge for a few days. And in United States v. Sineneng-Smith, the Court rebuked the Ninth Circuit for abusing its judicial discretion after it wrested control of a criminal case from the parties involved. Meanwhile, the Court heard its first-ever telephonic oral arguments this week. Surprisingly, the project went down quite swimmingly—save for a few mic snafus and the distinctive sound of a toilet flush. Here’s your brief for the week of May 4.

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Congress Walks the Plank: Allen v. Cooper

This past Monday, the Supreme Court in Allen v. Cooper struck down a 1990 Congressional statute that had allowed citizens to sue a state in federal court for copyright infringement. The case arose after a marine salvage company discovered the wreck of the Queen Anne’s Revenge, Blackbeard’s famous pirate ship, off the coast of North Carolina and recorded documentary footage of the discovery. When North Carolina published some of the footage in various media, the company sued the state for copyright infringement. The question before the Court was whether the Constitution gives Congress the power to rescind the states’ sovereign immunity from copyright infringement claims. Justice Kagan answered “no” with a 7:2 majority, leaving the company marooned. (For lovers of wordplay and maritime puns, this piece is for you.)

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