Co-Blogger Jon Adler highlighted an exchange in Royal Canin U.S.A., Inc. v. Wullschleger. Chief Justice Roberts asked Ashley Keller if there were any cases where the Supreme Court “ruled differently than every court of appeals.” Keller was unable to recall an example immediately. After a brief pause, Roberts mentioned a case:
CHIEF JUSTICE ROBERTS: Was that -was that the case in Chadha?
MR. KELLER: INS versus Chadha?
CHIEF JUSTICE ROBERTS: Yes. MR. KELLER: I –I don’t know. I apologize.
CHIEF JUSTICE ROBERTS: Somebody will check. I just –
JUSTICE KAGAN: Gosh, I’m not sure which way that cuts.
(Laughter.)
CHIEF JUSTICE ROBERTS: I’m not sure that’s true. I just have it in the back of my mind, but –okay.
Indeed, someone would “check” that. That person is Seth Barrett Tillman. Seth reminded me that in Chadha, the Supreme Court upheld the Ninth Circuit. And do you know who authored the circuit court opinion in Chadha? Judge Anthony M. Kennedy. AMK determined that the one-house veto violated the separation of powers. Therefore, Chief Justice Roberts is mistaken in this instance. Furthermore, Antonin Scalia submitted an amicus brief on behalf of the American Bar Association in support of the affirmance!
However, there is a notable case in which the Supreme Court ruled contrary to all lower federal courts:Â Brown v. Board of Education. The Court overturned decisions from three federal courts in Kansas, South Carolina, and Virginia. It is worth noting that the Court upheld the Delaware Supreme Court’s ruling that the segregated schools were not equal.
