The long-running dispute over the constitutionality of Pennsylvania’s consent-by-registration scheme persists. On 25 April 2022, the U.S. Supreme Court granted certiorari in Mallory v. Norfolk Southern Railway Co. In Mallory,...more
How do the lower courts apply a Supreme Court decision when there is no majority opinion to serve as precedent?
This problem happens more often than one would think: Four justices take part in a plurality opinion, and one...more