The waiting game continues as the US Supreme Court released two decisions today but neither were on tariffs. This means it could be until at least Feb 20 before we get a decision.
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For the legal fans out there, here is an LLM-generated review of the two decisions today.
Berk v. Choy
The Court held that Delaware’s requirement for an "affidavit of merit" in medical malpractice suits does not apply in federal court. Petitioner Harold Berk’s suit had been dismissed for failing to provide an expert's attestation of the claim's validity as required by state law. Writing for the majority, Justice Barrett concluded that Federal Rule of Civil Procedure 8 governs the information required at the outset of litigation, and because it only requires a "short and plain statement of the claim," it displaces contrary state evidentiary hurdles.
Ellingburg v. United States
The Court unanimously ruled that restitution under the Mandatory Victims Restitution Act (MVRA) is criminal punishment. Holsey Ellingburg challenged the retroactive application of the MVRA to his pre-enactment crime as a violation of the Ex Post Facto Clause. Justice Kavanaugh noted the MVRA's text, which labels restitution a "penalty" and integrates it into criminal sentencing, makes its punitive nature "abundantly clear". This classification ensures that restitution is subject to constitutional protections against retroactive punishment.
There are no scheduled decision days, though they can be announced with 1-3 days notice. Tomorrow the Supreme Court will hear arguments on Trump vs Cook, the case about firing Fed Governor Lisa Cook. Fed Chairman Jerome Powell said he will be in attendance but it will likely be months before that case is decided.
The tariffs case is not expected to take long with a decision in January or February. However the calendar is now working against it with the court preparing for a four-week recess at the end of this week. That would push the earliest possible decision date to Feb 20 if one isn't quickly announced for this week
