This morning the Supreme Court added four new cases to its docket for next term, on topics ranging from federal pre-emption to the rules governing attorney’s fees for Social Security claimants. The justices once again did not act on a petition by the federal government to nullify a ruling that cleared the way for an… Read More
Opinion analysis: Employers prevail in arbitration case (Updated)
[NOTE: This post was updated with additional analysis at 3:30 p.m.] In 1925, Congress passed the Federal Arbitration Act, which (among other things) provides that an agreement to arbitrate a dispute “shall be valid, irrevocable, and enforceable.” Ten years later, Congress enacted the National Labor Relations Act, which makes clear that employees have the right… 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
Two new grants, one CVSG today
This morning the justices issued orders from their private conference last week. They added two new cases to their merits docket for the next term, which will begin in early October, and asked the U.S. solicitor general to weigh in on a third case. But they once again did not act on some high-profile cases,… Read More
Opinion analysis: Justices rule unanimously for driver in rental-car case (Updated)
[NOTE: This post was updated with additional analysis at 5:02 p.m.] The Fourth Amendment protects us from (among other things) a warrantless search of a place – such as our homes – that we can reasonably expect to remain private. Today the Supreme Court ruled that a driver who has permission to use a rental car… Read More
Opinion analysis: Court rules for death-row inmate whose lawyer conceded guilt (Updated)
[NOTE: This post was updated with additional analysis at 4:16 p.m.] This morning the Supreme Court overturned a Louisiana inmate’s death sentence because the inmate’s lawyer – hoping to save his client’s life – had told the jury that the inmate was guilty, even though the inmate had expressly objected to that strategy. The 6-3 ruling… Read More
Opinion analysis: Justices strike down federal sports gambling law (Updated)
[NOTE: This post was updated with additional analysis at 3:18 p.m.] The 10th Amendment provides that, if the Constitution does not either give a power to the federal government or take that power away from the states, that power is reserved for the states or the people themselves. The Supreme Court has long interpreted this provision… Read More
“RBG”: New documentary celebrates Ginsburg’s life and legacy
“RBG,” the new documentary on Justice Ruth Bader Ginsburg, is sometimes funny, sometimes poignant, always engaging and beautifully put together. For viewers who already follow the Supreme Court regularly, it does not break a lot of new ground. (Beyond Ginsburg’s fondness for prunes, there was very little that I didn’t already know.) But people like… Read More