A Remand By Any Other Name Would Smell as Sweet

The Citizen's Guide to the Supreme Court

This week's episode is all about REMANDS; including what they are, how they work, how a lower judge should consider a remanded case, etc. Brett and Nazim discuss Upper Skagit Indian Tribe v. Lungren (does sovereign immunity apply to in rem actions) and Byrd v. U.S. (do persons unnamed on a rental agreement have privacy rights in a rental car) and how those remands speak to the Court's control over lower appellate judges. Law starts from the beginning, as you get to hear Nazim's reaction in real time to the Court's decision in Gil v. Whitford (which we will talk about next week).