Monday, May 18, 2015

The Supreme Court denies cert. in the John Doe case � O'Keefe v. Chisholm.

SCOTUSblog reports.

ADDED: Here's the post from last month "The Wall Street Journal urges the U.S. Supreme Court to take the free-speech case arising out of Wisconsin's John Doe investigation."

I thought the Supreme Court should take cert., but it's important to see that this case was about a federal court interfering with proceedings in state court, and at this point, the Wisconsin Supreme Court is hearing the state court case. The federal court abstained, and one of the reasons for abstention is that the state court may choose an interpretation of the state statute that would avoid the federal constitutional question. The Supreme Court's denial of cert. doesn't mean that the 7th Circuit got the abstention doctrine right.

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