The Saga’s Not Over – FTC Appeals Florida Court’s Stay of Non-Compete Rule

Just over a month ago, employers throughout the United States breathed a sigh of relief after Judge Ada Brown in the Northern District of Texas issued a summary judgment ruling in the Ryan v. FTC litigation setting aside the FTC’s rule banning the vast majority of non-competes (the “Rule”). In that decision, Judge Brown reasoned—just as she had in her order on the plaintiffs’ motion to stay and enjoin the Rule—that the FTC violated the APA because it “exceeded its … Read the rest

Supreme Court rejects Green Party bid to appear on 2024 Nevada ballot

Supreme Court rejects Green Party bid to appear on 2024 Nevada ballot

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The Supreme Court on Friday left in place a ruling by the Nevada Supreme Court that keeps the Green Party off the state’s ballot for the 2024 general election. The Green Party had asked the justices to vacate the ruling while it appealed that decision, but in a brief unsigned order, the justices declined to do so.

Friday’s order means that Jill Stein, the Green Party’s candidate for president, will not appear on the ballot in Nevada in November. … Read the rest

“Solitary Confinement, Human Dignity, and the Eighth Amendment”

The title of this post is the title of this new paper authored by Laura Rovner now available via SSRN. Here is its abstract:

The harms of solitary confinement have been well-documented for centuries, yet the practice persists.  Despite recent efforts to reform the use of solitary confinement in certain states and localities, over 120,000 people are currently confined in solitary conditions in American prisons and jails.  In part, America’s addiction to solitary remains incurable because the doctrine governing whether

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The morning read for Friday, Sept. 20

The morning read for Friday, Sept. 20

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Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Friday morning read:

  • Supreme Court rejects Green Party’s appeal to put Jill Stein on Nevada ballot (Nina Totenberg, NPR)
  • Supreme Court Won’t Restore Jill Stein to the Nevada Ballot (Adam Liptak, The New York Times)
  • With Supreme Court asked to weigh another Obamacare case, the election could decide if next administration will defend it (Tierney Sneed and
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Judicial Conference Briefed on the Need for Continued Vigilance on Cybersecurity and Workplace Conduct

The Judiciary has strengthened its IT defenses against cyberattacks, a meeting of the Judicial Conference of the United States was told on Tuesday. But the threat is growing in scale and sophistication, requiring even greater vigilance against attacks from individuals and unfriendly nations.
Judiciary News – United States CourtsRead the rest

The morning read for Wednesday, Sept. 18

The morning read for Wednesday, Sept. 18

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Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Wednesday morning read:

  • US Supreme Court’s Roberts hears key Democrat’s call for enforceable ethics code (Nate Raymond, Reuters)
  • Durbin Tells Judiciary Supreme Court Ethics Code Falls Short (Suzanne Monyak, Bloomberg Law)
  • On Mark Meadows’ removal bids, the Supreme Court may have the last word (Jordan Rubin, MSNBC)
  • Supreme Court asked to weigh religious liberty cases, including LGBT
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The Changing Labor Landscape for Healthcare Employers

In 2024, healthcare employers have faced several new challenges and developments regarding traditional labor obligations.  Unions are becoming more prominent in healthcare, including by unionizing doctors at unprecedented rates and by becoming more involved in government-funded projects.  At the same time, federal agencies are imposing significant new labor obligations on healthcare employers, regardless of whether or not they have unions representing their employees.  While the Federal Trade Commission’s non-compete rule has garnered major attention (as we discussed further here and … Read the rest

The morning read for Monday, Sept. 16

The morning read for Monday, Sept. 16

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Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Monday morning read:

  • How Roberts Shaped Trump’s Supreme Court Winning Streak (Jodi Kantor & Adam Liptak, The New York Times)
  • Green Party urges Supreme Court to intervene in Nevada ballot dispute (John Fritze & Devan Cole, CNN)
  • TikTok launches fight for its life in court (Christine Mui, Politico)
  • As the new Supreme Court term nears, regulatory power
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