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Supreme Court

In Puerto Rico horse-racing dispute, a looming question over independent contractors

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

In our modern gig economy, independent contractors constitute an increasingly large share of the American workforce. Companies like Uber, Lyft, and Amazon rely heavily on these workers, because the lack of any formal employment relationship means they do not have to provide them with benefits like health care and retirement … Read the rest

Supreme Court

Court opts for plain meaning in dispute over procedural rules for relief from erroneous judgments

The Supreme Court on Monday clarified the meaning of “mistake” in the federal procedural rule that allows litigants to seek relief from erroneous final judgments. In an 8-1 opinion in Kemp v. United States, the court ruled that “all mistakes of law made by a judge” constitute “mistakes” under Federal Rule of Civil Procedure 60(b)(1).

The case involved the various subsections of Rule 60(b), which establishes different deadlines for motions designed to correct various errors that courts … Read the rest

Supreme Court

Tough questions for both sides in dispute over “remain in Mexico” policy

The Supreme Court heard oral argument on Tuesday in the battle over the Biden administration’s efforts to end one of the Trump administration’s signature immigration policies. The lower courts ordered the Biden administration to reinstate the controversial policy, which requires asylum seekers to stay in Mexico while they wait for a hearing in U.S. courts. During nearly two hours of oral argument in Biden v. Texas, the justices appeared torn on whether the Biden administration must maintain the … Read the rest

Supreme Court

Another follow-up from McGirt v. Oklahoma and a copyright dispute over an Icelandic song

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the requirements for defendants to prove “Indian” status under the Major Crimes Act and the proper test for when two songs (here, “Soknudur” and “You Raise Me Up”) are substantially similar for copyright claims.

The requirements for “Indian” status under the Major Crimes Act

Oklahoma v. Wadkins presents the justices with the latest in a series of cases emerging out of their 2020 … Read the rest

Supreme Court

A 27-year solitary confinement and a dispute about discharging settlement payments in bankruptcy

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether a prisoner’s 27-year period in solitary confinement violates either the Eighth Amendment or the 14th Amendment, and whether a settlement can include a provision in which a debtor agrees that any payments are non-dischargeable in bankruptcy.

Constitutional challenges to a 27-year solitary confinement

Dennis Wayne Hope has been in solitary confinement for 27 years since 1994. In Hope v. Harris, Hope … Read the rest

Supreme Court

Over Gorsuch dissent, justices deny review in dispute over definition of “minister” for tax-exemption purposes

After adding five cases to its merits docket for the spring on Friday, the Supreme Court on Tuesday morning issued more orders from the justices’ private conference last week. As expected, the justices did not grant any new cases. Perhaps most notably, they once again did not act on a pair of petitions challenging the consideration of race in the undergraduate admissions process at Harvard University and the University of North Carolina, nor did they act on a petition … Read the rest