SCOTUS Oral Argument in Astra USA v. Santa Clara County

We covered earlier the Supreme Court’s grant of certiorari in Astra USA, Inc. v. Santa Clara County (09-1273), which presents the question:

Whether, in the absence of a private right of action to enforce a statute, federal courts have the federal common law authority to confer a private right of action simply because the statutory requirement sought to be enforced is embodied in a contract.

The Court hears oral argument today. Check back for links to the oral argument transcript when it’s available.

Professor Linda Mullenix (Texas) has a preview of the case here.

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