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Cake day: June 18th, 2023

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  • More like after they lose the prelim injunction and the stay pending appeal. My guess, in the 8th circuit, is that they stand a chance at winning the stay pending appeal, which would let them keep rolling for a while.

    It’s a non trivial piece of 10th amendment litigation. Maybe Minnesota has a sovereign right to investigate a homicide. But does that oblige the feds to do or not do something? Does it matter if the feds are the only way to get critical evidence? Is it important whether the feds are actively trying to thwart and deny MN’s police power? Does MN have to prove they can beat the Supremacy Clause on this case before they can get stuff?




  • The credit card companies have always tried to prevent merchants from doing this by inserting language prohibiting either credit card surcharges or cash discounts into the contract agreements with the merchants. Obviously, credit card companies want to make it easy and convenient for consumers to use their credit cards.

    I can’t immediately find it, but at some point I think 10-15 years ago, some merchants sued the credit card companies over this, and they won a court ruling that said that the clauses forbidding cash discounts and surcharging are unenforceable. As a result, merchants are now free to do it, but there are various rules. And some state legislatures have started to get involved with regulating things.