Supreme Court

Subscribe to Supreme Court
Health-law-columns

The Supreme Court recently granted certiorari in In re Grand Jury to resolve a circuit split regarding what standard governs the application of the attorney-client privilege to dual-purpose communications, that is communications which contain both legal and non-legal advice. The petition was filed on behalf of an unnamed law firm which asserted the privilege in response to a federal grand jury subpoena.
…
Continue Reading Supreme Court to Review Scope of Attorney-Client Privilege for “Dual Purpose” Communications

SCOTUS-1280-720-Badges

The October term of the Court began yesterday, with a sitting that marked the very active debut of Justice Ketanji Brown Jackson and predictions that this term will be even more controversial than last, although it is difficult for me to imagine a more incendiary decision than Dobbs.
…
Continue Reading Court Upholds Biden Vaccine Mandate and Bump Stock Ban; Remembering Laurence Silberman and Raymond Strother: SCOTUS Today

SCOTUS-1280-720-Badges

The Court has now delivered its final two decisions of the term, one of them of great consequence to administrative law. With adjournment comes the retirement of Justice Stephen Breyer and the swearing-in of his successor, Judge Ketanji Brown Jackson, his former clerk, who is expected to be a dependable member of the Court’s liberal jurisprudential wing. All in all, a day of significance.
…
Continue Reading Two and Done: SCOTUS Today

SCOTUS-1280-720-Badges

With his retirement to begin on June 30 at noon, Justice Breyer leads a 5-4 split in Torres v. Texas Department of Public Safety, with the Chief Justice and Justice Kavanaugh, along with Justices Sotomayor and Kagan, joining him in holding that, by virtue of the states having ratified the Constitution, they agreed that their sovereignty would yield to the national power to raise and support the Armed Forces. Accordingly, Congress may exercise this national power to authorize private damages suits against nonconsenting states. Congress did just that when it passed the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), which gives returning servicemembers the right to reclaim their prior jobs with state employers, and authorizes suit if those employers refuse to accommodate veterans’ service-related disabilities. See 38 U. S. C. § §4301 et seq.
…
Continue Reading A Divided Court Rules Against States in Veterans’ Employment and Indian Country Criminal Jurisdiction Cases: SCOTUS Today

SCOTUS-1280-720-Badges

Coming off the decisions in the landmark Dobbs and Bruen cases, the rest of the term might seem anticlimactic. Nevertheless, as the shelf is being cleared of the remaining cases, there are still rulings of significance to come. As the week opened, one of them—a religious freedom case—likely didn’t surprise anyone who listened to the oral argument or, indeed, who has been paying attention to the conservative Justices having changed the valences in religious liberty cases. The other two cases decided on the opening day of the week were both criminal cases of limited interest, but important nevertheless.
…
Continue Reading Prayer on the 50-Yard Line Doesn’t Draw a Flag, Plus Two Criminal Cases: SCOTUS Today

SCOTUS-1280-720-Badges

The day after the Gallup organization reported that public confidence in the Supreme Court has reached new lows, the Court has added what, to many, will be more fuel to that fire. The long-awaited, hotly contested, and divisive opinion in Dobbs v. Jackson Women’s Health Organization has officially come down and, given reactions to the premature release of a draft of Justice Alito’s majority opinion, the public’s expectations on both sides of the abortion debate have been realized.
…
Continue Reading Dobbs Overrules Roe v. Wade: SCOTUS Today

SCOTUS-1280-720-Badges

New York State Rifle & Pistol Association, Inc. v. Bruen is the long-awaited New York gun licensing decision that has been hotly debated since its filing. Especially in light of recent school shootings, that debate is likely to intensify now that the case has been decided. As many predicted, the decision, overturning the state’s statute, provides a stark split between the Court’s predominant conservatives and its liberals.
…
Continue Reading NY Gun Case Tops Day of Contentious Decisions: SCOTUS Today

SCOTUS-1280-720-Badges

I’m currently in the wilds of Alaska, learning about the training of sled dogs. Nevertheless, word of the Supreme Court’s five most recent decisions has traveled northward. While none of these decisions is earthshaking, they are not uninteresting or unimportant, especially to those like health care and employee benefits lawyers.
…
Continue Reading Five More Opinions and Justice Gorsuch Shows an Independent Streak: SCOTUS Today

SCOTUS-1280-720-Badges

On June 15, the Court decided five cases and dismissed a sixth. A case of great importance to health care lawyers, regarding the availability of judicial review of Medicare rates for pharmaceuticals, and another of great importance to labor and employment lawyers, holding that a significant portion of the California Private Attorneys General Act’s (PAGA’s) delegation of state enforcement power is preempted by federal law, lead the pack.…

Continue Reading Six Down, 24 to Go: An Important Day for Health Care and Employment Lawyers – SCOTUS Today

SCOTUS-1280-720-Badges

The Court has had a busy day, having decided cases of significance to litigators and interest groups, but none is the blockbuster decision in societally divisive matters that the general public has been awaiting. In short, this is a business-as-usual day, with opinions sometimes showing broad consensus on the Court, but with some not-unexpected dissents.…

Continue Reading A Cluster of Decisions on Federal Procedure, Immigration, and Arbitration, but Plenty to Go: SCOTUS Today