Recent Decisions
Sause v. Bauer (June 28, 2018)
First Amendment issues involved in a police order that plaintiff stop praying require consideration of Fourth Amendment issues concerning why the officers were present in plaintiff's home and what they wanted plaintiff to do.
Sexton v. Beaudreaux (June 28, 2018)
Supreme Court reversed a grant of habeas relief by the Ninth Circuit.
North Carolina v. Covington (June 28, 2018)
Supreme Court affirms, in part, North Carolina district court's remedy in a case alleging racial gerrymandering.
Janus v. State, County, and Municipal Employees (June 27, 2018)
States and public-sector unions may no longer extract agency fees from nonconsenting employees.
Florida v. Georgia (June 27, 2018)
Special Master is required to make extensive, specific factual findings to determine whether a remedy could be fashioned in a dispute between states concerning the apportionment of the waters of an interstate river basin.
Latest Supreme Court News
Young People Are Suing the Trump Administration Over Climate Change. She’s Their Lawyer.
The New York Times,
Julia Olson is representing 21 young plaintiffs, who may soon get their day in court. “She has built not just a case, but a movement,” a colleague says.
Supreme Court Blocks Wilbur Ross Deposition on Census Citizenship Question
The New York Times,
States and advocacy groups challenging a change to the census form said Wilbur Ross’s shifting rationales required his testimony.
Argument preview: How should courts decide if parties to an arbitration contract may aggregate their claims?
SCOTUSblog,
The law of individual arbitration clauses has been a recent hot topic both in the courts and among the public. That is in part because of one of last term’s blockbuster cases, Epic Systems Corp. v. Lewis, in which the Supreme Court held that individual arbitration clauses in employment contracts were consistent with the National…
Argument preview: Justices to mull who decides whether to arbitrate – the judge or the arbitrator
SCOTUSblog,
The November argument session begins with yet another case under the Federal Arbitration Act — Henry Schein Inc. v. Archer & White Sales Inc. With Henry Schein, New Prime Inc. v. Oliveira (from October) and Lamps Plus Inc. v. Varela (later on Monday morning), the court will have three FAA cases under its belt before…
Brett M. Kavanaugh Oath Ceremony
Supreme Court of the United States,
The Honorable Brett M. Kavanaugh will be sworn in as the 102nd Associate Justice of the Supreme Court on October 6, 2018. Chief Justice John G. Roberts, Jr., will administer the Constitutional Oath and retired Associate Justice Anthony M. Kennedy will administer the Judicial Oath in a private ceremony later today in the Justices' Conference Room at the Supreme Court. Both oaths will be administered so that he can begin to participate in the work of the Court immediately. A formal investiture...
Could the Conservative Attack on the Administrative State be Good for Net Neutrality—and for Progressive Regulation More Generally?
Justia's Verdict,
Cornell law professor Michael C. Dorf anticipates the possible next steps in the federal government’s lawsuit against California over the state’s new law mandating net neutrality. Dorf explains why, if conservative scholars and Supreme Court justices succeed in what seems to be their goal of weakening federal regulatory agencies, that could ironically be a boon to net neutrality and to government regulation more broadly.
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