Bench Memos

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Yet More on Alito’s FMLA Case


1. So many distortions to respond to, so little time. In my haste (and in one instance due to a garbled online version of a case), I mistakenly stated (in point 3 here) that Clinton appointee Dennis in the Fifth Circuit’s ruling in Kazmier and Carter appointee Cook (a senior district judge from E.D. Mich. sitting by designation) in the Eleventh Circuit’s ruling in Garrett were among the overwhelming majority of judges, appointees of both Republican and Democratic presidents, who had ruled the same way as Judge Alito (in Chittister) on the question whether Congress validly abrogated the states’s Eleventh Amendment immunity when it enacted the Family and Medical Leave Act of 1993. In fact, both Dennis and Cook dissented from their respective panel majorities on this issue. My apologies for the errors, and my thanks to the reader who called these errors to my attention.

2. Blogger Patterico develops more fully my observation that the Supreme Court’s opinion in Hibbs did not in fact disagree with (but instead implicitly distinguished) Alito’s ruling in Chittister.


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