Supreme Court

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

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

Supreme Court

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

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

Supreme Court

The morning read for Thursday, March 31

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

Supreme Court

Justices to consider California’s private-attorney-general exception to arbitration clause

The last few decades have witnessed the working out in several cases of a sustained disagreement between the Supreme Court and California legislators and judges. The Supreme Court has taken the view that the Federal Arbitration Act compels the enforcement, in state and federal courts, of pre-dispute arbitration agreements. Accordingly, the justices have rejected every effort to undermine the capacious application of those agreements to shift disputes between businesses and employees or customers from courts to arbitrators. California, acting … Read the rest

Supreme Court

Are airline cargo loaders engaged in interstate commerce? The answer has high stakes for forced arbitration.

Like many cases involving the Federal Arbitration Act, Southwest Airlines Co. v. Saxon began with an employment dispute: Southwest employee Latrice Saxon believed she was owed overtime pay. On behalf of herself and her fellow ramp-agent supervisors, Saxon filed a complaint under federal wage-and-hour law in federal court. Southwest responded that Saxon’s case should be dismissed because she was bound by an arbitration agreement, which was enforceable under the FAA. Similar arguments routinely succeed in employment cases – but … Read the rest

Supreme Court

The federal ban on “bump stocks” and the requirements of appellate service

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the federal government’s rule that rifles with “bump stocks” are illegal machineguns comports with the statutory definition of “machinegun” and deserves Chevron deference, and whether a pro se litigant who filed a notice of appeal with the district court, which served the parties, can still bring her appeal.

“Bump stocks,” “machineguns,” and Chevron deference

In Gun Owners of America, Inc. v. Garland… Read the rest

Supreme Court

The Jackson hearings: Key moments from Day 3

For 12 hours on Tuesday, Judge Ketanji Brown Jackson answered questions from the Senate Judiciary Committee. Here’s a 15-minute recap of some of the most significant questions and answers. Plus, Amy answers two listener questions.

If you have a question about the hearings that you’d like us to answer on SCOTUStalk, please email us at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.

(Senate Judiciary Committee audio via C-SPAN)
(Music

… Read the rest

Supreme Court

The Jackson hearings: Key moments from Day 1

On Monday, hearings began in the Senate Judiciary Committee for the nomination of Judge Ketanji Brown Jackson to the Supreme Court. Here’s a recap of some of the most revealing remarks from senators on both sides of the aisle and from Jackson herself.

… Read the rest