In Republic of Hungary v. Simon (No. 23-867), the Supreme Court addressed, for the second time, whether Jewish survivors of the Hungarian Holocaust have alleged enough facts to pierce the sovereign immunity of Hungary and its state-owned railway. And just as it did the last time, a unanimous Court concluded that the plaintiffs hadn’t done enough for U.S. courts’ exercise of jurisdiction over
Read More Republic of Hungary v. Simon (No. 23-867)Statutory Interpretation
E.M.D. Sales, Inc. v. Carrera (No. 23-217)
In E.M.D. Sales, Inc. v. Carrera (No 23-217), the Supreme Court addressed a circuit split as to the evidentiary standard that applies when an employer argues that an employee is exempt from the minimum-wage and overtime-pay provisions of the Fair Labor Standards Act (“FLSA”). A unanimous Court agreed with the majority of lower courts that this issue should be resolved under the same “preponderance-of-the-evidence”…
Read More E.M.D. Sales, Inc. v. Carrera (No. 23-217)Bouarfa v. Mayorkas (No. 23-584)
This week saw the first “real” decision of the term (that is, an opinion in an argued case), a unanimous affirmance in Bouarfa v. Mayorkas (No. 23-583), holding that federal courts lack jurisdiction to review the discretionary decision of U.S. Citizenship and Immigration Services (USCIS) to revoke an approved visa petition based on a so-called “sham-marriage determination.”
Petitioner Amina Bouarfa is a U.S. citizen…
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