There has been a good deal of recent attention given to the Supreme Court's so-called "shadow docket," a term that refers generally to the Court's (conservative majority's) issuing brief orders and unsigned opinions resolving procedural motions in a way that effectively disposes of cases, but without their having been fully briefed and argued.
The Court has decided the latest in a series of important cases interpreting the reach of the Federal Arbitration Act (FAA), 9 U. S. C. §§ 1 et seq.
On March 31, in Badgerow v. Walters, by an 8-1 majority (opinion written by Justice Kagan, and a lone dissent by Justice Breyer), the Court reversed an order of the Fifth Circuit and held that the federal courts do not have authority to “look through” an arbitration dispute for a federal question that would establish jurisdiction to confirm or deny an arbitral award.
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Recent Updates
- U.S. Judicial Conference Aims to Curb "Judge Shopping": New Guidance Promoting Random Civil Case Assignments
- Insignificant Harm Not So Insignificant in Proving Title VII Transfer Violation - SCOTUS Today
- Today’s Argument Was More Consequential Than Issued Opinions - SCOTUS Today
- Supreme Court Underscores Limited Applicability of Rule 10b-5(b) Omissions Claims
- Unanimity Among Justices Rules the Day - SCOTUS Today