SCOTUS Blog provides an explanation of the issues in this case to be argued next Wednesday by DPA's Jamesa Drake.
In this post, I want to talk about the facts of the case and then consider the legal issues. I want to make three points in particular. First, the facts of the case are still in dispute on an essential point. Second, the legal issue presented in the case is surprisingly narrow, a point that the briefing largely misses. Third, the theories offered by the state and the United States as amicus curiae are in my view far too broad, but the best answer is actually quite tricky but should be rooted in causation principles.