[SeekAndFind]

Josh Blackman
✔
@JoshMBlackman

Replying to @JoshMBlackman 11/
In Kansas v. Nebraska (2015), J. Scalia also faulted the prescriptive Restatement (Third) of Restitution: "And it cannot safely be assumed, with- out further inquiry, that a Restatement provision describes rather than revises current law." http://joshblackman.com/blog/2015/02/24/scalia-ali-restatements-of-questionable-value-and-must-be-used-with-caution/ …

[arthurus]

I can’t fault Gorsuch on this one. A treaty is a treaty and unless it is stated in the treaty that it would expire on Wyoming becoming a State, then it is still an extant treaty, precedent be damned. If they got it wrong the first time that does not require them to get it wrong in subsequent cases.