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Articles by Kim Rinehart
Supreme Court Update: Janus v American Federation of State, County & Municipal Employees (16-1466), National Institute of Family and Life Advocates v. Becerra (16-1140), Ohio v American Express Co. (16-1454)
As we promised last week, we're back with the final bit of mop-up from the exciting end of the 2017–18 term. And we've saved some of the best (or maybe the worst) for last with three significant, much-awaited 5-4 decisions. First up, in Janus v. American Federation of State, County & Municipal Employees (16-1466), the Court (finally) overruled Abood v.
Supreme Court Update: Trump v. Hawaii (17-965)
As the President of the United States announced yesterday, in his sixteenth tweet of the day (out of twenty-five), "SUPREME COURT UPHOLDS TRUMP TRAVEL BAN. Wow!" Specifically, in Trump v.
Supreme Court Update: Lozman v. City of Riviera Beach, Rosales-Mireles v. United States, Chavez-Meza v. United States
The Court handed down two of the second-tier blockbusters of the term, this morning: South Dakota v. Wayfair (No. 17-494), reversing Quill Corp. v. North Dakota (1992) and permitting states to force out-of-state sellers to collect and remit sales tax even if the sellers lack a physical presence in the state; and Lucia v. SEC (No. 17-1330), reversing the D.C. Circuit and holding that the SEC's ALJs are "Officers of the United States," subject to the Appointments Clause.
Supreme Court Update: Gill v. Whitford, Benise v. Lamone
As we await tomorrow's batch of opinions, let's take a moderately deep dive into Monday's partisan-gerrymandering decisions, Gill v. Whitford (No. 16-1161) and Benisek v. Lamone (No. 17-333). As we reported earlier, the Supreme Court punted on the ultimate issue in the cases, namely whether the Democratic challengers to Wisconsin's redistricting plan (in Gill) and the Republican challengers to a gerrymandered Maryland district (in Benisek) had presented justiciable constitutional claims.
Supreme Court Update: Masterpiece Cakeshop V. Colorado Civil Rights Commission (16-111), Hughes V. United States (17-155), Koon V. United States (17-5716), Lamar Archer & Cofrin V. Appling (16-1215)
As we reported earlier in the week, The Nine handed down one of the most hotly anticipated decisions of the term on Monday, and boy did it deliver! Wait. Sorry, strike that. It turns out the 7-2 decision in Masterpiece Cakeshop v. Colorado Civil Right Commission (No. 16-111), mostly delivered a lesson in how to avoid difficult questions when you regret granting cert and a lecture on not openly demeaning a party's religious beliefs when deciding his case.
Supreme Court Update: Orders - June 2018
The Nine kicked off the week with four new decisions, though only three came with signed opinions. In Husted v. A. Philip Randolph Institute (No. 16-980), the Court held (5-4) that Ohio's "use it or lose it" practice of cancelling the voter registrations of individuals who fail to vote for two years and fail to respond to an address-verification does not violate the National Voter Registration Act. In Sveen v.
SCOTUS Updates on Masterpiece Cakeshop & Others
The Nine were back in action this morning, as they will be every Monday from here on out (and probably a number or other days besides). There were four new decisions announced today, including what was expected to be one of the blockbusters of the terms, but ended up being more of a punt: In Masterpiece Cakeshop v.
Supreme Court Update: Epic Systems Corp. v Lewis & Upper Skagit Indian Tribe v. Lundgren
We're back with summaries of this week's two decisions—a truly epic employment decision and a maybe-slightly-less-than-epic Indian law decision—both authored by Justice Gorsuch. Employers scored a big win in Epic Systems Corp. v. Lewis (No. 16-285), where the Court held that the National Labor Relations Act ("NLRA") does not trump the Federal Arbitration Act ("FAA") and thus, employment contracts can require individual arbitration of employment-related disputes.
Supreme Court Update: Collins v. Virginia & Lagos v. United States
We were expecting an avalanche of decisions today, but instead we got a mere flurry. In Collins v. Virginia (No. 16-1027), the Court held (8-1) that the automobile exception to the warrant requirement does not permit the warrantless entry of a home or its curtilage in order to search a vehicle stored therein; and in Lagos v. United States (No. 16-1519), the Court unanimously held that private investigation costs are not compensable under the Mandatory Victim Restitution Act.
Supreme Court Update: McCoy v. Louisiana; Byrd v. United States; Dahda v. United States; United States v. Sanchez-Gomez
Two new decisions this morning, including a major win for employers in Epic Systems Corp. v. Lewis (No. 16-285), which held (5-4) that neither the Federal Arbitration Act nor the National Labor Relations Act prohibits employers from requiring employees to submit to arbitration agreements that waive class-action rights. Not to give it short shrift, the Court's second opinion, Upper Skagit Indian Tribe v. Lundgren (No. 17-387), clarified that the Court's decision in County of Yakima v.
Murphy v. NCAA on PASPA & Sports Betting
It's not every day that a Supreme Court decision gets covered not only in the pages of The New York Times, but also ESPN.com and Sports Illustrated. But Murphy v. NCAA (No. 16-476), which struck down the federal Professional and Amateur Sports Protection Act (PASPA) and opened the door (for now) to legalized sports betting across the country, is no ordinary decision.
Supreme Court Update: Encino Motorcars V. Navarro, Kisela v. Hughes, Hall v. Hall
Even though the Court is in the midst of a historically slow term (as measured by opinion output), we've managed to fall behind. We'll take advantage of this off-week to get you caught up to speed with summaries of three outstanding (as in, overdue, if not necessarily superlative) decisions. First up, in Encino Motorcars v.
Supreme Court Trump v Int'l Refugee Assistance Project
Although we've got no opinions to report for you this week, we do want to briefly catch up on some news out of One First Street. Earlier this week, the Justices dismissed Trump v. Int'l Refugee Assistance Project (16-1436), one of the two "travel ban" cases that the Court granted certiorari to review on the last day of OT16.
Supreme Court Update: Expressions Hair Design V. Schneiderman (15-1391); Moore V. Texas (15-797; Goodyear Tire & Rubber Co. V. Haeger (15-1406) And Mclane, Inc. V. EEOC (15-1248) | Wiggin and Dana LLP - JDSupra
The Eight are Nine again. After over a year of operating short-handed, the Court is finally at full strength, as Justice Neil Gorsuch joined his colleagues on the bench this week to hear arguments for the first time. Meanwhile, we at the Update have felt a bit short-handed ourselves, but we're back to bring you up to speed on a number of decisions that predate the junior Justice's arrival: Expressions Hair Design v.
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