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Reason
Reason
Politics
Eugene Volokh

S. Ct. Denies Review of Eighth Circuit En Banc Case Upholding Arkansas "Anti-BDS" Statute

This isn't a judgment on the merits by the Supreme Court, and doesn't set a nationwide precedent; the result may end up being different in other circuits, and the Court might yet revisit the question in the future, especially if some other circuit does disagree with the Eighth. (A similar case is now pending in the Fifth Circuit.) Still, this is practically something of a victory for the anti-BDS forces; I quote below my post from last year on the Eighth Circuit case:

[* * *]

From [the] Eighth Circuit en banc opinion in Arkansas Times LP v. Waldrip, written by Judge Jonathan Kobes (I think it's basically correct, for reasons given by Profs. Michael Dorf and Andrew Koppelman and me in our amicus brief in the case, and see Prof. Dorf's follow-up post):

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