Category Archives: OT 2018

The Court’s Newest Justice

Brett Kavanaugh has been an Associate Justice of the Supreme Court for over a week now. Here’s a recap of events since his October 6 Senate confirmation vote. By some measures, Kavanaugh is the least popular nominee to make it to the Court. Kavanaugh’s 50-48 confirmation vote tied Justice Clarence Thomas, who was approved 52-48 … Continue reading The Court’s Newest Justice

The Week Ahead: Week of October 8, 2018

The Court will be back in session Tuesday after taking Columbus Day off, and Justice Brett Kavanaugh will be on the bench. Three cases are on the Court’s Tuesday docket, all presenting questions about the interpretations of crimes under the federal Armed Career Criminal Act (“ACCA”). The ACCA mandates prison sentences from 15 years to … Continue reading The Week Ahead: Week of October 8, 2018

Weekly Roundup: Week of October 1

When the Supreme Court goes to work on Tuesday, it will be back to its full nine-member strength. Justice Brett Kavanaugh was confirmed on Saturday and sworn in the same day. But for the first week of the Term, the Court had only eight members, and aspects of its new dynamics were on display.  In … Continue reading Weekly Roundup: Week of October 1

October 3 Oral Arguments: Arbitration for Workers?

On Wednesday, the Supreme Court heard oral arguments on two cases, Knick v. Township of Scott, Pennsylvania and New Prime v. Oliveira. In New Prime, the Court must decide whether the Federal Arbitration Act (“FAA”) applies to independent contractors in the trucking industry. Specifically, the FAA exempts from enforcement those arbitration clauses in “contracts of … Continue reading October 3 Oral Arguments: Arbitration for Workers?

October 2 Arguments: Delegation and Dementia

Arguments Oct_02_2018            The Court heard arguments in two cases on Tuesday: Gundy v. United States and Madison v. Alabama. In Gundy, the Court was asked to consider whether the non-delegation doctrine (which says that Congress cannot hand its legislative powers to agencies) is violated by the federal Sex Offender Notification and Registration Act’s (SORNA) delegation … Continue reading October 2 Arguments: Delegation and Dementia

October 1 Arguments: Dusky Gopher Frog Goes to Court

Even with most courtwatchers’ eyes on the Kavanaugh nomination, the Supreme Court heard arguments this past week. On Monday, October 1, the first day of the Term, the Court first heard argument in Mount Lemmon Fire Dist. v. Guido an age discrimination case, addressing the narrow issue of whether the Age Discrimination in Employment Act … Continue reading October 1 Arguments: Dusky Gopher Frog Goes to Court

First Week of OT 2018

The Supreme Court’s October 2018 Term began Monday with an 8-Justice Court. The Court heard oral argument in six cases during this first week of the Term.:        Weyerhaeuser Co v. U.S. Fish and Wildlife Service: a case about critical habitat designations to private land under the Endangered Species Act.        Mount Lemmon Fire District v. Guido: … Continue reading First Week of OT 2018

New Cert Grants from SCOTUS

Although all eyes have been on the Kavanaugh nomination, the Supreme Court has continued to go about its business. It will have its first day of oral arguments on Monday, October 1. (For an in-depth review of the upcoming Term, listen to this National Constitution Center podcast.)  And last week, the Court announced that it … Continue reading New Cert Grants from SCOTUS