Choice of law

... question.

I mean, usually we think of extraterritoriality as questions of choice of law.

In other words, a state can't apply its own law, uh, extraterritorially.

Uh, we d- you know, here, the choice of law question has not been really, um, dealt with by the lower court.

So what are, what are you arguing? Are you arguing like, "Oh, everybody knows this is, um, a case where the plaintiffs are going to want to apply Colorado law, and that's how we should treat it," and you're saying that choice of law is impermissible? Or are you saying something broader than that, which is regardless of the choice of law chosen, um, there's something impermissible about this lawsuit because of its extraterritorial nature?

Sure.

So Justice Kagan, I'll give you our bottom line and then the explanation.

Our bottom line is that, in fact, no state's law can apply here, and that before you get to the question of choice of law, you've got to determine which state's laws potentially could apply here.