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

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

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

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

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

I write this from London on the eve of the announcement that the nomination of Judge Ketanji Brown Jackson to succeed Justice Breyer is about to go to the full Senate for confirmation. Those who follow my writings will know that I am among a group of right-of-center former public officials in Republican administrations who are on record as supporting this nomination of an experienced and well-qualified federal judge.

Continue Reading Two Trump Appointees Surprise Those Who Expect Conservative Lockstep: SCOTUS Today

Our colleague Stuart Gerson of Epstein Becker Green has a new post on SCOTUS Today that will be of interest to our readers: Court Favors Judicial Review in Railroad Benefits Case, Remands Two Cases Concerning Nazi-Era Looted Property.

The following is an excerpt:

The Supreme Court decided three cases Wednesday, two of them related.