Category Archives: Term

Unions and Free Speech—The Janus Decision

On the last day of the term, the Supreme Court issued one of the most anticipated decisions of recent years, Janus v. AFSCME. As widely expected, a five-justice majority overturned Abood v. Detroit Board of Education (1977) and held that unions could not require public-sector employees to pay “agency fees” that would be used to … Continue reading Unions and Free Speech—The Janus Decision

Opinions: Bitcoin, Officers, and Appropriate Notice

In addition to Wayfair, (discussed here) the Supreme Court issued a second tax opinion on the same day in Wisconsin Central, Ltd. v. United States. Although the case is about interpreting a federal statute, the Railroad Retirement Tax Act of 1937 (RRTA), Wisconsin Central made headlines in the cryptocurrency community because Justice Breyer used the … Continue reading Opinions: Bitcoin, Officers, and Appropriate Notice

Opinions: Internet Taxation

On Thursday, June 21, the Court released its opinion in South Dakota v. Wayfair, Inc., one of two cases decided last month in which the Court reversed its own precedent. (The second case was Janus v. AFSCME.) Wayfair is a case with important tax ramifications for both consumers and online retailers, as it involved a … Continue reading Opinions: Internet Taxation

Opinions: Repeat Litigants at the Court and Sentencing Guidelines

In a decision issued the same day as the partisan gerrymandering opinions, the Supreme Court ruled in Lozman v. City of Riviera Beach. This is the second opinion the Court has issued involving Fane Lozman and the City of Riviera Beach — and the lawsuits are related but independent of each other. In 2013, Lozman … Continue reading Opinions: Repeat Litigants at the Court and Sentencing Guidelines

Opinions: Partisan Gerrymandering – Still Unresolved

The Court issued opinions in its two partisan gerrymandering cases — Gill v. Whitford and Benisek v. Lamone — on the same day near the end of the Term. Although these decisions were highly anticipated, the opinions themselves shed virtually no new light on either the justiciability of partisan gerrymandering claims or on the standard … Continue reading Opinions: Partisan Gerrymandering – Still Unresolved

Opinions: Political Apparel in Polling Places and Foreign Law

Ordinarily, the Court decides all of the cases argued during a Term (beginning in October) by the end of June. Occasionally, it may hold a case over for reargument or for some other reason — this happened with Citizens United — but that’s quite rare. And following an unusually slow pace of issuing opinions, the … Continue reading Opinions: Political Apparel in Polling Places and Foreign Law

Opinions and Orders: Voting Rights, Contracts Clause, and Class Actions

In a 5-4 opinion, which was quickly criticized by some  as “flagrantly political” and “nakedly political,” and praised by others as “a victory for election integrity, ”the Court reversed the Sixth Circuit’s decision in Husted v. A Philip Randolph Institute. The Court held that the voter list-maintenance process in Ohio does not violate the National … Continue reading Opinions and Orders: Voting Rights, Contracts Clause, and Class Actions

Orders and Opinions: Mandatory Minimums, Religious Freedom & Gay Rights

As we look ahead to the week at SCOTUS, here’s a recap of last week’s orders and opinions. Orders         In its June 4 orders, the Court called for the views of the Solicitor General regarding Airline Service Providers Association v. Los Angeles World Airports. The Court is considering whether to hear this case, which … Continue reading Orders and Opinions: Mandatory Minimums, Religious Freedom & Gay Rights

Opinions: Searching Vehicles Next to a Home and Restitution

The Court issued two opinions this week, and it disposed of one more case without a decision. In Collins v. Virginia, the Court considered the scope of the Fourth Amendment’s “automobile exception,” which allows a police officer to search a vehicle without first getting a warrant under some circumstances. The rationale for this exception is … Continue reading Opinions: Searching Vehicles Next to a Home and Restitution

Opinions: Arbitration Agreements in Employment Contracts and Sovereign Immunity for Indian Tribes

Justice Gorsuch wrote the two opinions announced earlier this week. The first, Epic Systems Corp. v. Lewis, was a 5-4 decision, and it upheld the ability of employers to require their workers to settle employment disputes through individual arbitration rather than by collective suits or arbitrations. This holding reversed the National Labor Relations Board’s determination … Continue reading Opinions: Arbitration Agreements in Employment Contracts and Sovereign Immunity for Indian Tribes