Recent Decisions
Viking River Cruises, Inc. v. Moriana (June 15, 2022)
An employer is entitled to enforce an arbitration agreement with respect to an individual employee who attempted to bring a "representative action" under California’s Labor Code Private Attorneys General Act. The Federal Arbitration Act preempts California precedent that precludes division of PAGA actions into individual and non-individual claims through an agreement to arbitrate.
Golan v. Saada (June 15, 2022)
A court is not categorically required to examine all possible ameliorative measures before denying a Hague Convention petition for the return of a child to a foreign country once the court has found that return would expose the child to a grave risk of harm.
Ysleta del Sur Pueblo v. Texas (June 15, 2022)
A gaming activity prohibited by Texas law is also prohibited on tribal land as a matter of federal law; other gaming activities are subject to tribal regulation and must conform to the federal Indian Gaming Regulatory Act, not Texas regulatory laws.
George v. McDonough (June 15, 2022)
The invalidation of a VA regulation after a veteran’s benefits decision becomes final cannot support a claim for collateral relief based on clear and unmistakable error.
Arizona v. City and County of San Francisco (June 15, 2022)
American Hospital Association v. Becerra (June 15, 2022)
The Medicare statute does not preclude judicial review of HHS’s reimbursement rates. Absent a survey of hospitals’ acquisition costs, HHS may not vary the reimbursement rates only for 340B hospitals.
Garland v. Gonzalez (June 13, 2022)
Immigration and Nationality Act section 1252(f )(1) deprived district courts of jurisdiction to entertain detained aliens’ requests for class-wide injunctive relief.
Kemp v. United States (June 13, 2022)
The term “mistake” in Federal Rule of Civil Procedure 60(b)(1), which authorizes a court to reopen a final judgment, includes a judge’s errors of law.
Denezpi v. United States (June 13, 2022)
The Double Jeopardy Clause does not bar successive prosecutions of distinct offenses arising from a single act, even if a single sovereign prosecutes them.
Johnson v. Arteaga-Martinez (June 13, 2022)
The government is not required to provide noncitizens, detained for six months, with bond hearings in which the government bears the burden of proving, by clear and convincing evidence, that a noncitizen poses a flight risk or a danger to the community.
ZF Automotive U. S., Inc. v. Luxshare, Ltd. (June 13, 2022)
Only a governmental or intergovernmental adjudicative body constitutes a “foreign or international tribunal” under 28 U.S.C. 1782, which authorizes a district court to order the production of evidence “for use in a proceeding in a foreign or international tribunal.”
Latest Supreme Court News
Republican Drive to Tilt Courts Against Climate Action Reaches a Crucial Moment
The New York Times,
A Supreme Court environmental case being decided this month is the product of a coordinated, multiyear strategy by Republican attorneys general and conservative allies.
Is It Ethical to Have Children Amid the Climate Crisis?
The New York Times,
Readers offer different views, discussing Tolstoy, Bill McKibben, adoption, the Supreme Court and more in their arguments.
Ginni Thomas Has a Lot of Explaining to Do
The New York Times,
If the tables were turned, Republicans would not hesitate to use every argument and every tool at their disposal.
Sotomayor Says Supreme Court Can ‘Regain the Public’s Confidence’
The New York Times,
Speaking to a liberal legal group, she praised Justice Clarence Thomas and urged her audience not to lose faith in the court.
Justice Alito’s Opinion on Abortion: Not Just a Threat to Reproductive Rights, but to All Constitutional Liberties Not Expressly Set Out in the Constitution
Justia's Verdict,
Attorney Jon May argues that the reasoning of Justice Samuel Alito’s leaked majority draft of Dobbs v. Jackson Women’s Health Org. poses a threat not only to reproductive rights, but to all constitutional liberties not expressly enumerated in the Constitution. Mr. May points out that the radical departure of Justice Alito’s opinion could pave the way for the Court to overturn numerous rights recognized over the past seventy years deriving from the First, Fourth, Fifth, Sixth, and Fourteenth Amendments.
Press Release
Supreme Court of the United States,
Yesterday, a news organization published a copy of a draft opinion in a pending case. Justices circulate draft opinions internally as a routine and essential part of the Court’s confidential deliberative work. Although the document described in yesterday’s reports is authentic, it does not represent a decision by the Court or the final position of any member on the issues in the case. Chief Justice John G. Roberts, Jr., provided the following statement: To the extent this betrayal...
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