I covered the Supreme Court oral argument in Geraldine Tyler v. Hennepin County last month in “Geraldine Tyler’s day in court.” The following week I stepped back for a broader view of the case in “Argumentum interruptum — live on FOX News!” In the latter post I wrote (link omitted):
Ms. Tyler lost in the district court and on appeal because the courts felt bound to apply the 1956 Supreme Court case Nelson v. City of New York. In the Supreme Court hearing, however, Hennepin County and attorney Neal Katyal took a beating. I think they are going to lose the case (my guess is 8-1). The Supreme Court justices do not think the Nelson case applies and they see Ms. Tyler as the victim of a Minnesota statute that authorized the county’s unconstitutional taking. I look forward to a happy ending to this chapter of the story.
Well, I was close. In the event, Ms. Tyler has prevailed 9-0. Chief Justice Roberts wrote the opinion for the Court. Justice Gorsuch filed a concurring opinion in which Justice Jackson joined. The Court’s decision is posted here.
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