Supreme Court decides to revisit Missouri v. Holland after all!
Just a quick entry (it’s late here in Tokyo) to note that the Supreme Court is going to hear the case of U.S. v. Bond, which, in effect, revisits the question of Missouri v. Holland and the scope of Congress’s power to implement U.S. treaty obligations. Over at Volokh this past week, Nick Rosenkranz and Rick Pildes have been debating that constitutional question in some detail (see here for links to all their posts in one place). I’ll have more to blog on this later, but for now, my plea is an editorial one. I think Holmes’ opinion in Missouri is one of the most well-written in the pantheon of the Court’s great cases. So, if the Court’s going to mess with it — and as I’ve said before I don’t think they should — I’d hope that the current Court can adjust Missouri with something of equal eloquence.
Hat-tip — SCOTUS blog