Gamble and Guido

Tomorrow the Supreme Court will bear argument in Gamble v. United States, in which the Justices are being asked to overrule their 1958 decision in Bartkus v. Illinois. I’ll have more to say about the case after the argument, but I did want to note one thing now. The lead dissent in Bartkus was authored by Justice Hugo Black. The clerk who helped him that opinion was Guido Calabresi. Sixty years later, he sits on the Second Circuit. We will see if Justice Black’s dissent becomes law.

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