Category Archives: Weekly Roundup

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

April Argument Review V – Administrative Law, Deference to Foreign Courts, and More

On April 23, the Court heard oral arguments in Lucia v. Securities and Exchange Commission, a case about whether Securities and Exchange Commission (“SEC”) administrative law judges (“ALJs”) are “Officers of the United States” within the meaning of the Appointments Clause of the Constitution or merely employees of the SEC.  Alison Frankel of Reuters explains … Continue reading April Argument Review V – Administrative Law, Deference to Foreign Courts, and More

April Argument Review IV – Race Discrimination and Voting

On April 24, the Court heard arguments in Abbott v. Perez, the third redistricting case that the justices have heard this Term. Unlike the other cases, Gill v. Whitford and Benisek v. Lamone, which involved partisan gerrymandering, this case involves allegations of racially discriminatory redistricting in violation of the Voting Rights Act and/or the Equal Protection Clause. … Continue reading April Argument Review IV – Race Discrimination and Voting

April Argument Review III – Trump v. Hawaii and Presidential Statements

Trump v. Hawaii, the challenge to the third version of the travel ban issued by President Trump, was the last argument of the Term, argued on April 25.  The case featured two extremely experienced advocates: former Acting Solicitor General for the Obama Administration, Neal Katyal, representing the state of Hawaii, and current Solicitor General, Noel … Continue reading April Argument Review III – Trump v. Hawaii and Presidential Statements

April Argument Review – Part II – Tribal Fishing Rights

Native American fishing rights are at issue in Washington v. United States, argued in April 18, and covered by ISCOTUS now here. In the “Stevens Treaties,” a series of agreements made in the 1850s between the federal government and Indian Tribes in what are now the states of Idaho, Montana, Oregon, and Washington, the Tribes … Continue reading April Argument Review – Part II – Tribal Fishing Rights

April Argument Review: Part I – State Taxation of Internet Commerce

April saw several significant oral arguments, including a case that could change the rules for state taxation of internet commerce, South Dakota v. Wayfair, previewed here. In Wayfair, the state of South Dakota, with the support of forty-one other states, is asking the Court to overrule a 1992 case, Quill Corp. v. North Dakota. Quill … Continue reading April Argument Review: Part I – State Taxation of Internet Commerce

Argument Review: March 27, 2018 — When the Supreme Court Can’t Agree

On Tuesday, March 27, the Court heard oral arguments in Hughes v. United States. The underlying legal issue in Hughes involves certain criminal defendants’ eligibility for sentence reductions. That fairly technical legal issue was previously considered by the Court in Freeman v. United States, which had no majority opinion. Instead, there was a four-justice plurality … Continue reading Argument Review: March 27, 2018 — When the Supreme Court Can’t Agree

Argument Review: March 26, 2018 — Access to Courts

During the last week of March, the Supreme Court heard oral argument in five cases. Two of those cases involved questions about access to courts, albeit in extremely different contexts. In United States v. Sanchez-Gomez, argued on March 26, involves a challenge to a policy of shackling the arms and feet of criminal defendants during … Continue reading Argument Review: March 26, 2018 — Access to Courts

Argument Review: Contract Clause and Tribal Sovereign Immunity

For the first time in a quarter century, the Contract Clause was the central issue in oral arguments at the Supreme Court. In Sveen v. Melin, the issue is whether a Minnesota law nullifying an ex-spouse’s beneficiary status in a life insurance policy violates the Contract Clause, which prohibits states from passing laws “impairing the … Continue reading Argument Review: Contract Clause and Tribal Sovereign Immunity

Arguments: Week of March 19, 2018

This week, the Supreme Court will hear oral arguments in three cases, the most high-profile of which involves both free speech and reproductive rights. National Institute of Family and Life Advocates (NIFLA) v. Becerra, to be argued on Tuesday, is a challenge to Caifornnia’s Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act, which passed … Continue reading Arguments: Week of March 19, 2018