As we continue to await the dropping of the other shoe (filled with 29 pending cases), let’s kick two more out of the way.
First up, in Collins v. Virginia (16-1027), The Nine resolved a clash of two well-established Fourth Amendment principles: the so-called automobile exception to the warrant requirement, which allows police to search a vehicle without a warrant as long as they
Read More Collins v. Virginia (16-1027), Lagos v. United States (16-1519)
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
Read More Orders: May 29, 2018
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
Read More Epic Systems Corp. v. Lewis (16-285), Upper Skagit Indian Tribe v. Lundgren (17-387)
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
Read More McCoy v. Louisiana (16-8255), Byrd v. United States (16-1371), Dahda v. United States (17-43), United States v. Sanchez-Gomez (17-312)
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. Beyond green-lighting
Read More Murphy v. NCAA (16-476)
As we forecast last week, the downpour has commenced. The Court released five new decisions yesterday morning, including one of the most anticipated of the term, Murphy v. NCAA (No. 16-476), the New Jersey sports-betting case, in which it held (basically 6-3) that the federal Professional and Amateur Sports Protection Act, which prohibits states from legalizing sports gambling, violates the “anti-commandeering principle” of the
Read More Oil States Energy Services v. Greene’s Energy Group (16-712), SAS Institute v. Iancu (16-969)