The Supreme Court released its opinion in Epic Systems Corp. v. Lewis, upholding the enforceability of individual arbitration mandates in employment contracts.In theory, arbitration is supposed to be economical. However, in practice, some critics point to the exorbitant cost to the parties, if one is used.
A ruling that will have dramatic impact on both sports, economics, and media has been issued by the Supreme Court of the United States. In a 7-2 decision struck down the 1992 Professional and Amateur Sports Protection Act, paving the way for legalized sports gambling outside of Nevada.
Entirely As Expected
The Supreme Court hangs in the balance. Will Joe Biden throw away this shot?
Elections, it turns out, have consequences.
No Scalia? No problem! When all eight of the surviving SCOTUS Justices agree on the result, we’re sure to get a nice, clear, definite rule of law… right?
Were a hypothetical President Hillary Clinton to nominate him to the Supreme Court, would Barack Obama’s service as President be reason to foresee that he’d become one of the great Justices on the Supreme Court? What about his lack of prior judicial experience or his lack of scholarly publications?
History repeats, cycles become complete… Word to the (partisan) drumbeat.
One case to rule them all, One Court to mind them,
One rule to govern the States and in its holdings bind them,
In the Land of Washington where the Justices decide.
Justice Kennedy provides a substantial gain for citizen initiatives.
The Supreme Court adjourns for the Term with decisions about redistricting, air pollution, and executions. Burt Likko summarizes each of them, and offers a sad observation about judicial comity losing one of its most prominent sentinels,
Obergefell was announced by SCOTUS this morning. 5-4 in favor of same-sex marriage rights. Fourteenth Amendment requires a state to both issues SSM licenses and to recognize licenses issued by other states. Opinion by Kennedy. Roberts, Scalia, Thomas, and Alito all dissent, mostly joining one anothers’ dissents. My office scheduled a 9:30 new client intake…
Chief Justice Roberts was nearly silent during oral argument, and then wrote the 6-3 majority opinion in today’s Obamacare case. Burt Likko replies to Justice Antonin Scalia’s accusations of through-the-looking-glass judicial activism.
Wednesday, the Supreme Court will entertain the latest challenge to Obamacare. If you can make it all the way through this post, you’re going to understand what’s going on way better than your neighbors. Added bonus: a significant detour through the jurisprudence of piscene spoliation, which you’ve no doubt all been anxiously awaiting.
One of Burt Likko’s greatest hits, offered in celebration of #judicialreviewday.
In just over two weeks, some stuff is gonna get real at One First Street Northeast, yo.
James Hanley doubts the argument against subsidies for federal health care exchanges is bonkers.
Same cast, brand new season! Burt Likko offers a look at some of the high points of the Supreme Court’s docket for the 2014-2015 Term.
Concluding the Supreme Court’s Term are Harris v. Quinn and the newly-renamed Burwell v. Hobby Lobby. Hint: both majority opinions are from Samuel Alito.
It’s the close of the term, and here’s a recap of the major cases from SCOTUS this year. Some surprising results. Some, not so much. Alsotoo: we’re waiting until Monday for the Hobby Lobby and Harris decisions.
This summer, SCOTUS is expected to take yet another step in declaring that false statements are protected by the first amendment — provided they’re uttered for political reasons.
Despite having lived in New York City for several years by that point, I had never attended the Pride parade. The reasons why I hadn’t in any given year escape me now, along with all the other irrelevant details of my life. But that year I decided to go because the Supreme Court had just…
Does the Fourth Amendment allow law enforcement to gather an arrestee’s genetic sequence and compare it with a large FBI database of genetic material gathered from old, unsolved crimes? [Continued at NaPP]
Actually, Antonin Scalia is right. I do not write those words often, or lightly. And it is actually Kevin Drum who comes off as glib and dismissive in this recent post on the Supreme Court Justice. In it, Drum takes Scalia to task for arguing that Supreme Court proceedings shouldn’t be televised. Scalia makes the…
Ed Kilgore, playing one my least favorite versions of What If since “Vice President Palin” was a less-than-remote possibility, guesses at how a nixing of Obamacare by the SCOTUS would affect this year’s elections:
Orin Kerr explains the essential problem with the recent District court ruling against the new healthcare law: This might work as a Supreme Court opinion that can disagree with precedent. But Judge Vinson is just a District Court judge. And if you pair Justice Thomas’s dissent in Raich with Judge Vinson’s opinion today, you realize…
One thing that’s always funny to me about judicial nominees and the whole messy, partisan process of getting them seated is how the side out of power (now the conservatives) rails endlessly about how awfully liberal/conservative the nominee is. Or, as Morrisey has it in this purely slime-ridden Malkin post (pardon my redundancy): “After the…