One of the most brilliant legal intellects to ever appear before the Supreme Court chose to have aa bit of amusement with the judgesTuesday — and received a clear warning from the court that challenging the country’s highest judges is a dangerous move, reported by Courthouse News Service.
Lisa Blatt has presented more cases before the Supreme Court than any other female in American legal history. On Monday, she returned to the podium, this time representing a Maryland hospital system in a dull yet significant dispute concerning the limits of federal court authority.
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The conflict focused on whether to extend or eliminate the Rooker-Feldman doctrine, a legal concept that restricts federal courts from reviewing state court rulings. Justice Neil Gorsuch urged opposing lawyer Elizabeth Prelogar to argue for its complete removal, requesting her to “sing a few notes for me.”
Prelogar, the former chief government attorney who previously presented — and failed — the case that terminated federal abortion rights, complied. However, when the discussion shifted to whether the doctrine could realistically be reversed, Blatt interjected with her own ruling.
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“Not in an April situation,” she said to the judges. “Not going to happen.” A wave of laughter spread through the courtroom.
Justice Samuel Alito, appointed by George W. Bush, remained unaffected.
“Don’t even think about my colleagues,” he stated coldly.
Justice Elena Kagan had already expressed doubt about Blatt’s stance, cautioning that a decision in her favor would essentially indicate that the doctrine was “very much alive” — a statement she described as “quite strange.”
Justice Ketanji Brown Jacksonpressed Prelogar from the opposite angle, concerned that her suggested rule would provide state court losers minimal motivation to complete their appeals prior to seeking federal court.
Blatt and Prelogar have accumulated almost a century of Supreme Court appearances combined. After the debate concluded, they embraced.
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