ABA Antitrust Spring Meeting: John Villafranco On Monetary Redress and FTC Enforcement Post-AMG

Q: It has been nearly a year since the Supreme Court’s decision in AMG Capital Management, LLC v. FTC foreclosed the FTC’s ability to pursue monetary remedies under Section 13(b) of the FTC Act.  How has AMG affected the FTC’s enforcement program, particularly in consumer protection cases. 

A: As an initial matter, it’s Important to emphasize that the Supreme Court did not take any authority away from the FTC; it concluded 9-0 that the FTC did not have the authority … Read the rest

Five-justice majority restores Trump-era policy on water pollution, provoking more criticism of emergency docket

Five-justice majority restores Trump-era policy on water pollution, provoking more criticism of emergency docket

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A divided Supreme Court on Wednesday reinstated a Trump-era environmental policy that makes it harder for states to block projects that may cause water pollution. The unsigned and unexplained decision prompted Chief Justice John Roberts to join the court’s three liberal justices in criticizing the majority’s use of the emergency docket.

The court’s decision “renders the Court’s emergency docket not for emergencies at all,” Justice Elena Kagan wrote in dissent. “The docket becomes only another place for merits determinations … Read the rest

Jackson’s confirmation expected by end of week after committee deadlocks along partisan lines

Jackson’s confirmation expected by end of week after committee deadlocks along partisan lines

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The Senate Judiciary Committee deadlocked 11-11 along party lines on the nomination of Judge Ketanji Brown Jackson to succeed Justice Stephen Breyer, who plans to retire from the Supreme Court this summer. Despite the tie vote on Monday, Jackson’s nomination can still go to the Senate floor using a procedure known as a discharge petition and a simple majority vote to place Jackson’s nomination on the calendar. Once there, Democrats expect to confirm Jackson before the Senate adjourns for … Read the rest

Strategy in the workplace Part 2: a framework for strategic thinking

In our first blog of this series, we highlighted that strategic thinking is a skill and one that can be improved and developed.

So, what is strategy? What does it mean?

The word “strategy” comes from the ancient Greek word strategos meaning “general or leader of the army”, being a union of the words stratos “army” and agein “to lead”.

From the Oxford Dictionary, a modern definition is “a plan designed to achieve a long-term aim.” Synonyms of strategy include … Read the rest

New York sues New Jersey over compact governing Port of New York and New Jersey

New York sues New Jersey over compact governing Port of New York and New Jersey

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This week we highlight cert petitions (and one original action) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey.

In New York v. New Jersey, New York files an original action in the Supreme Court against New Jersey, asking the justices to decide whether New Jersey can unilaterally withdraw from … Read the rest

Washington State to Require Employers to Provide Salary Ranges and Other Compensation Information in Job Postings

On March 30, 2022, Washington Governor Inslee signed into law a bill that will require employers to include a salary or pay range, as well as information about other compensation and benefits, in each job posting. The bill revises the existing state law that requires only that employers provide the minimum wage or salary for a position to an applicant after an offer of employment has been made.  The new law takes effect on January 1, 2023.

Specifically, the new … Read the rest

The morning read for Thursday, March 31

The morning read for Thursday, March 31

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Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com.

Here’s the Thursday morning read:

  • Supreme Court Seeks Comment On Rule Changes For Amicus Briefs (Kimberly Strawbridge Robinson, Bloomberg Law)
  • US Supreme Court Says It’s Passing on ‘Passim’ (Marcia Coyle, The National Law Journal)
  • Legal ethics experts agree: Justice Thomas must recuse in insurrection cases (Nina Totenberg, NPR)
Read the rest