Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.
The Supreme Court did something a little unusual on Friday, when it agreed to take up a case that presents the same issue that’s pending in another case already on the docket this term. Why did it do that? The court didn’t explain why in its order, but we have a clue: Justice Ketanji Brown Jackson had recused herself from that first case, Loper Bright Enterprises v. Raimondo. So the full court can now participate in this new case, the epically titled Relentless v. Department of Commerce.
When the court agreed to review Loper Bright for this term, it didn’t say why Jackson wasn’t participating — sensing a theme here? — but we can presume it was because of her involvement in the case as it made its way through the U.S. Court of Appeals for the District of Columbia Circuit, where Jackson previously was a judge. And there might be another reason Loper Bright sounds familiar.
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