Reply #295: Thanks for the case cite. I don't think the SCOTUS did that in the Union Pacific case.

[No Elephants]

I confess my eyesight and my impatience did not permit to scour the entire, very boring opinion. However, I saw nothing about that in the SCOTUS opinion, other than to say that the point had been raised in the briefs and the lower courts. However, the syllabus or summary at the beginning--which is NOT part of the offical opinion, says that the Court decided it. I hope Justice Sotomayor or some SCOTUS law clerk notices that soon.