On Monday the justices issued decisions in four merits cases. Although there is still a fair amount of ambiguity, those rulings (in addition to being important on their own) also help to shed some light on who might (or, equally significantly, might not) be authoring the opinions that have not yet been released.
Justices asked to weigh in on protection for gay employees
Title VII of the Civil Rights Act bars employers from discriminating “because of” sex. On Tuesday, a New York sky-diving company asked the justices to review a ruling by a federal appeals court that the law applies to discrimination based on sexual orientation. The lower courts are divided on this question, which the company describes… Read More
Government recommends grant in intergovernmental tax dispute
In 1939, Congress enacted the Public Salary Tax Act, which allows state and local governments to tax federal employees as long as the tax does not discriminate against an employee “because of the source of the pay or compensation.” When the Supreme Court returns from its summer recess, one of the cases on its merits… Read More
U.S. urges justices to tackle another Indian fuel tax dispute
In 1855, the Yakama Nation entered into a treaty with the federal government in which it gave up 10 million acres of land in Washington state in exchange for rights under the treaty, including the right (provided in Article III of the treaty) of the nation’s members “to travel upon all public highways.” That provision… Read More
Solicitor General recommends a grant (sort of) in Sudan service case
It has been nearly 18 years since terrorists bombed the USS Cole while it was in port in Yemen, killing 17 U.S. service members and injuring 42 more. Yesterday the U.S. government recommended that the Supreme Court tackle a legal question arising out of efforts to hold the government of Sudan responsible for its role… Read More
Federal government recommends grant in Apple apps antitrust dispute
When the justices return to the bench next fall after their summer recess, a case involving computer giant Apple may very well be on their merits docket. Last week the U.S. government recommended that the Supreme Court grant review in a case arising from allegations that the company has monopolized the market to distribute apps… Read More
Reading the tea leaves – mid-May edition
On Monday the Supreme Court issued five decisions in argued cases, bringing its total number of opinions so far this term to 28. As Adam Feldman has reported at SCOTUSblog, the justices are moving slowly this term by just about any measure: At this point in 2008, they had already released 50(!) opinions, and they… Read More
Securities law case moves toward settlement
After their April 27 conference, the justices relisted a securities law case, Quality Systems, Inc. v. City of Miami Fire Fighters’ and Police Officers’ Retirement Trust. When the court relists a case, it’s often a sign that the justices are seriously considering whether to grant review; indeed, in recent years the justices have normally relisted a… Read More
Argument analysis: Justices seem likely to reject binding-deference rule for foreign law
When a case comes to the Supreme Court, the justices are usually interpreting U.S. laws – either the U.S. Constitution or a federal statute. But in today’s global economy, resolving cases brought under U.S. law in U.S. courts can also require an understanding of foreign laws. And that’s not always easy, especially when the foreign… Read More
Argument analysis: Redistricting again divides justices
The 2010 census brought good news for Texas. In the 10 years since the last census, it had gained nearly four million residents, which translated into four more seats in the U.S. House of Representatives. Those changes would require the state’s Republican-controlled legislature to draw new maps for both Congress and the statehouse, which it… Read More