In one of the most-anticipated cases of the Term, the Supreme Court will reconsider a 40-year-old precedent regarding the intersection of labor law and the First Amendment. In 1977, in Abood v. Detroit Board of Education, the Court ruled that under the First Amendment, public school teachers could be required to pay union fees, known … Continue reading Labor Law and the First Amendment: Janus v. AFSCME →

The Supreme Court has just announced that it will hear eleven new cases in the Term that begins on Monday. Between the end of June and the beginning of September every year, the Supreme Court is on recess. Over the summer, many of the Justices travel or teach. New law clerks begin work as well, … Continue reading New Cases for the Court: The September 2017 Long Conference →

Although Justices Breyer and Scalia ended up on the same side in today’s landmark decision on the President’s recess appointment power, they offered starkly opposing views on the question of whether the past practice of the executive can resolve this constitutional question.

Case: Unite Here Local 355 v. Mulhall This week, the Supreme Court ruled that Unite Here Local 355 v. Mulhall had been improvidently granted and thus dismissed the case. But what does that mean for the law? The results are unclear. Professor César F. Rosado Marzán of Chicago-Kent College of Law, who discussed Mulhall for … Continue reading Unite Here v. Mulhall Dismissal →