I’m currently in the wilds of Alaska, learning about the training of sled dogs. Nevertheless, word of the Supreme Court’s five most recent decisions has traveled northward. While none of these decisions is earthshaking, they...more
6/23/2022
/ All Writs Act ,
Death Penalty ,
Employer Group Health Plans ,
Evidence ,
First Amendment ,
Free Exercise Clause ,
Habeas Corpus ,
Medicare ,
Medicare Secondary Payer Act ,
Public Schools ,
SCOTUS
On June 15, the Court decided five cases and dismissed a sixth. A case of great importance to health care lawyers, regarding the availability of judicial review of Medicare rates for pharmaceuticals, and another of great...more
The Court has had a busy day, having decided cases of significance to litigators and interest groups, but none is the blockbuster decision in societally divisive matters that the general public has been awaiting. In short,...more
Notwithstanding the fact that, as we approach the end of the term, the Court still had 30 cases to decide as of Wednesday morning, June 8, the day’s count has only been reduced by one. So, expect a flurry of cases with the...more
The Court has started the week with three decisions emphasizing textual readings, two of them unanimous and a third drawing Justice Kagan into the majority with the Court’s six nominal jurisprudential conservatives....more
Litigators who defend cases brought under the Fair Labor Standards Act (“FLSA”), particularly ‘collective actions” alleging wage-and-hour violations, often have been able to counter, or even sometimes support, allegations...more
Despite a large list of argued cases pending decision, the Court decides just two of them today—neither of them Dobbs....more
It is fair, I think, to say that a substantial majority of those who heard the argument in the case of Federal Election Commission v. Ted Cruz for Senate doubted that, irrespective of whatever they might think of Ted Cruz, it...more
Further evidencing an ongoing shift from more absolutist thinking about the intersection between the First Amendment’s Establishment Clause and an individual’s or group’s right of free speech, we find this morning’s unanimous...more
Auguring a flood of opinions in the remaining weeks of the term, the Supreme Court decided five cases today. Some of them offer support for the media/popular equation of a political party background with jurisprudential...more
4/22/2022
/ Content-Neutral ,
Due Process ,
Fifth Amendment ,
Fine Art ,
First Amendment ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
IRS ,
Nazi Looted Art ,
Puerto Rico ,
SCOTUS ,
Supplemental Security Income (SSI) ,
Tax Penalties
There has been a good deal of recent attention given to the Supreme Court’s so-called “shadow docket,” a term that refers generally to the Court’s (conservative majority’s) issuing brief orders and unsigned opinions resolving...more
The Court has decided the latest in a series of important cases interpreting the reach of the Federal Arbitration Act (FAA), 9 U. S. C. §§ 1 et seq....more
The Court has decided the latest in a series of important cases interpreting the reach of the Federal Arbitration Act (FAA), 9 U. S. C. §§ 1 et seq....more
In an unsigned per curiam order, the Court today reversed a decision of the Supreme Court of Wisconsin that, in a dispute about the assignment of the number of so-called minority-majority districts, chose an electoral map...more
On a single evening, William Dale Wooden went on a spree, burglarizing 10 units in the same storage facility. The question resolved in the Supreme Court’s somewhat unanimous decision in Wooden v. United States is whether,...more
The Supreme Court decided two more cases today, one unanimously, the other anything but so....more
The Court has decided two important cases today, United States v. Zubaydah, upholding the government’s assertion of the state secrets privilege and rejecting the al Qaeda terrorist leader’s discovery request for information...more
The pension trustees of Northwestern University, and those elsewhere, will need to take close note of the Court’s unanimous decision (Barrett, J., not participating) in Hughes v. Northwestern University in which the Court...more
Late in the afternoon of January 19th, the Supreme Court dealt a crippling blow to the argument of the defeated former President, when by an 8-1 majority (Thomas, J., dissenting), the Court denied Mr. Trump’s application for...more
The Court has resumed issuing opinions with its holding in Babcock v. Kijakazi, Acting Commissioner of Social Security. This case of statutory interpretation is of particular interest to the relatively small set of...more
The Court didn’t waste time getting to a controversial matter, the applications for stays of the Occupational Safety and Health Administration’s (“OSHA’s”) COVID-19 mandate concerning alternatives of mandatory testing,...more
1/14/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing
On the evening of Wednesday, December 22, 2021, the Supreme Court of the United States announced that it will hold a special session on January 7, 2022, to hear oral argument in cases concerning whether two Biden...more
No case in recent months has created more news than the Mississippi abortion case, Dobbs v. Jackson Women’s Health Organization, as to which the Supreme Court recently heard oral argument....more
Welcome to #WorkforceWednesday. This week, we recap the U.S. Supreme Court’s term and its impact on employers.
U.S. Supreme Court Employment Law Decisions in Review (see video attached)
The Supreme Court’s term ended on...more
7/14/2021
/ Affordable Care Act ,
Agricultural Workers ,
Article III ,
Breach of Duty ,
California v Texas ,
Cedar Point Nursery v Hassid ,
Class Action ,
Class Members ,
Commerce Clause ,
Credit Reporting Agencies ,
Credit Reports ,
Employee Retirement Income Security Act (ERISA) ,
Fair Credit Reporting Act (FCRA) ,
Farm Workers ,
Farms ,
Fiduciary Duty ,
Fifth Amendment ,
Fourteenth Amendment ,
Individual Mandate ,
Injury-in-Fact ,
Just Compensation ,
Medicaid ,
Pensions ,
Preemption ,
SCOTUS ,
Standing ,
Takings Clause ,
Tax Cuts and Jobs Act ,
TransUnion ,
TransUnion LLC v Ramirez ,
Trump Administration ,
Unions ,
United Farm Workers
Oral arguments in California v. Texas offer a glimpse at how the Supreme Court might rule in deciding the fate of the Affordable Care Act (“ACA”). Attorneys Stuart Gerson and Tim Murphy also look at what Justice Amy Coney...more
11/19/2020
/ Affordable Care Act ,
Article III ,
California v Texas ,
Commerce Clause ,
Individual Mandate ,
Medicaid ,
Oral Argument ,
SCOTUS ,
Standing ,
Tax Cuts and Jobs Act ,
Trump Administration