Cert grant in a federalism case

[David Cruz]

On Tue, 30 Apr 2002, Volokh, Eugene wrote:

>         I think this case was discussed on the list a while back -- the
> Court just granted cert on it yesterday.  Any thoughts?
>
>         Eugene
>
> [snip]
> > - - - - - - - -
> > CERTIORARI GRANTED
> > - - - - - - - -
> >
> > Pierce County v. Guillen
> > Certiorari Granted:  04/29/02
> > No. 01-1229
> > Court Below:  31 P.3d 628 (Wash. 2001), 34 P.3d 1218 (Wash. 2001)
> > Full
> > Text:
> > http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=wa&vol=2001_sc/6853
> > 5-5&invol=3
> > [snip]

The Court could perhaps invoke Gregory v. Ashcroft and interpret the
federal statute to avoid the possible Tenth Amendment problem in the
manner of the concurring opinion in the Washington Supreme Court.  Of
course, this assumes that a majority of the Court would wish to avoid a
constitutional decision, something of which I am not at all certain.

-David B. Cruz, USC Law (Cal.)