The Supreme Court’s day started with the specter of yet another leak of a reproductive rights decision having occurred....more
6/27/2024
/ Abortion ,
Air Pollution ,
Chapter 11 ,
Clean Air Act ,
Commercial Bankruptcy ,
EMTALA ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Implementation Plans (FIP) ,
Harrington v Purdue Pharma L P ,
Idaho v United States ,
Moyle v United States ,
Ohio v Environmental Protection Agency ,
Opioid ,
Pharmaceutical Industry ,
Pollution Control ,
Preemption ,
Purdue Pharma ,
Reproductive Healthcare Issues ,
SCOTUS ,
SEC v Jarkesy ,
Standing
The Supreme Court started yesterday with 14 decisions yet to deliver and only reduced the number by two—neither of them the Trump immunity case nor the Loper case concerning the future of the agency deference doctrine of...more
6/27/2024
/ Article III ,
Bribery ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Misleading Statements ,
Murthy v Missouri ,
Public Officials ,
SCOTUS ,
Snyder v United States ,
Social Media ,
Standing
Yonas Fikre, a U.S. citizen who had emigrated from Sudan, found himself placed on the No Fly List by the FBI and unable to return to the United States from an international trip. This action followed Fikre’s having been...more
3/19/2024
/ Article III ,
Declaratory Relief ,
Deportation ,
FBI ,
Federal Bureau of Investigation v Fikre ,
Federal Jurisdiction ,
Immigrants ,
Injunctive Relief ,
International Travel ,
Migrants ,
Mootness ,
Removal Orders ,
SCOTUS ,
Standing ,
Tourists ,
Travel Restrictions ,
Visas ,
Wilkinson v Garland
Most readers of this blog rarely, if ever, become involved in homicide cases.
Nevertheless, the Supreme Court’s essentially unanimous decision in McElrath v. Georgia should be of interest because it deals with the issue of...more
2/21/2024
/ Article III ,
Assault ,
Choice-of-Law ,
Criminal Prosecution ,
Double Jeopardy ,
Felony Murder ,
Insanity Defense ,
Jury Trial ,
Jury Verdicts ,
McElrath v Georgia ,
Murder ,
Standing
Yesterday might ultimately be remembered as among the most consequential days in the history of the Supreme Court and the nation. That will be determined when a decision in Trump v. Anderson is issued....more
2/9/2024
/ Acheson Hotels LLC v Laufer ,
Article III ,
Department of Agriculture Rural Development Rural Housing Service v Kirtz ,
Donald Trump ,
Fair Credit Reporting Act (FCRA) ,
Fourteenth Amendment ,
Injury-in-Fact ,
Insurrection ,
Mootness ,
Political Campaigns ,
Presidential Elections ,
SCOTUS ,
Sovereign Immunity ,
Standing ,
Statutory Violations ,
Trump v Anderson
Although the Supreme Court already has heard a number of significant arguments, this term has not yet seen any major substantive opinions. This is not to say that there isn’t a lot going on at, or on the way to, the Court....more
12/12/2023
/ Acheson Hotels LLC v Laufer ,
Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Disclosure Requirements ,
Failure to Accommodate ,
Public Accommodation ,
SCOTUS ,
Standing ,
Statutory Violations ,
Websites
June 30th is the nominal last day of the Supreme Court’s current term. The Court began the day with the long-awaited decision in 303 Creative LLC v. Elenis, another 6-3 jurisprudentially ideological split in which, per...more
7/3/2023
/ 303 Creative LLC v Elenis ,
Article III ,
Biden Administration ,
Commercial Litigation ,
Department of Education v Brown ,
First Amendment ,
Free Speech ,
Loan Forgiveness ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Public Accommodation ,
Religious Beliefs ,
Same-Sex Marriage ,
SCOTUS ,
Standing ,
Website Design
Of the four cases decided last Friday, the one that likely pertains to the largest number of this blog’s readers is Coinbase, Inc. v. Bielski, a 5-4 opinion delivered by Justice Kavanaugh, who wrote for himself, the Chief...more
6/26/2023
/ Arbitration ,
Article III ,
Automatic Stay ,
Biden Administration ,
Coinbase ,
Coinbase Inc v Bielski ,
Confessions ,
Confrontation Clause ,
Criminal Prosecution ,
Evidence ,
Federal Arbitration Act ,
First Amendment ,
Immigrants ,
Immigration Procedures ,
Interlocutory Appeals ,
Motion to Compel ,
Removal Orders ,
Samia v United States ,
Sixth Amendment ,
Standing ,
United States v Hansen ,
US v Texas
Welcome to #WorkforceWednesday. This week, we recap the U.S. Supreme Court’s term and its impact on employers.
U.S. Supreme Court Employment Law Decisions in Review (see video attached)
The Supreme Court’s term ended on...more
7/14/2021
/ Affordable Care Act ,
Agricultural Workers ,
Article III ,
Breach of Duty ,
California v Texas ,
Cedar Point Nursery v Hassid ,
Class Action ,
Class Members ,
Commerce Clause ,
Credit Reporting Agencies ,
Credit Reports ,
Employee Retirement Income Security Act (ERISA) ,
Fair Credit Reporting Act (FCRA) ,
Farm Workers ,
Farms ,
Fiduciary Duty ,
Fifth Amendment ,
Fourteenth Amendment ,
Individual Mandate ,
Injury-in-Fact ,
Just Compensation ,
Medicaid ,
Pensions ,
Preemption ,
SCOTUS ,
Standing ,
Takings Clause ,
Tax Cuts and Jobs Act ,
TransUnion ,
TransUnion LLC v Ramirez ,
Trump Administration ,
Unions ,
United Farm Workers
Oral arguments in California v. Texas offer a glimpse at how the Supreme Court might rule in deciding the fate of the Affordable Care Act (“ACA”). Attorneys Stuart Gerson and Tim Murphy also look at what Justice Amy Coney...more
11/19/2020
/ Affordable Care Act ,
Article III ,
California v Texas ,
Commerce Clause ,
Individual Mandate ,
Medicaid ,
Oral Argument ,
SCOTUS ,
Standing ,
Tax Cuts and Jobs Act ,
Trump Administration