Over at the Beat, Jeff Trexler answers the big remaining question you have about yesterday’s Superman legal ruling:
Is the Supreme Court likely to reverse either of these rulings?
No.
Although members of the Supreme Court have criticized the use of memo dispos, in practice the Court is far less likely to take a case that has been decided in this manner.
The reason? In most cases the law really is pretty straightforward. Without, for example, a circuit split on an important issue, the Court has little reason to stir up the dust by flipping well-established law.
In other words, this one is most likely going to stick. Trexler has a great write-up explaining more details about the decision; you should read.
