SCOTUS to Start Next Term with Age Discrimination Case from Arizona

The coming term of the U.S. Supreme Court, possibly with a new justice named Brett Kavanaugh seated, will open Oct. 1 with a review of a case from Arizona involving two firefighters alleging they were terminated because of age. In a brief order issued yesterday, the court placed the case of John Guido and Dennis […]

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Trump DOJ Announces It Will No Longer Defend the ACA in Court

Faced with a challenge by 20 attorneys general in a federal court in Texas, the Affordable Care Act (ACA) is going to trial with no defense from the Trump administration’s Department of Justice (DOJ). The case rests on the constitutionality — or unconstitutionality — of the health care act now that the individual mandate has […]

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SCOTUS Sides with Employers in the Use of Forced Arbitration Agreements

Voting along ideological lines, the Supreme Court today ruled 5-4 that employers can enforce signed binding arbitration agreements with their work forces, thus legally barring class action lawsuits. The ruling allows employers to require employees to sign not only binding arbitration agreements that include class action waivers, but also non-disclosure agreements. “The policy may be […]

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SCOTUS Rejects Obama DOL Overtime Interpretation

In a win for auto dealerships, the Supreme Court has ruled 5-4 that “service advisers” — those individuals who advise customers on which type of servicing or repair is needed on their car — are exempt from overtime. The Department of Labor (DOL) in 2011 ruled that they are overtime eligible, even though the Fair […]

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Trump Administration Argues for States’ Rights — in Collecting Online Taxes

The Supreme Court is reviewing a case stemming from South Dakota in which that state is demanding that web merchants pay sales tax for any transaction with its residents. A 1992 ruling imposed a “physical presence” limitation that let web retailers evade state taxes unless they physically operated in the taxing state. And surprise, surprise […]

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SCOTUS to Resolve EEOC and DOJ Split on Sexual Orientation Issue?

An upcoming potential Supreme Court case, which will require reviewing a decision by the 11th Circuit Court of Appeals, could help reconcile the different opinions by the Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) regarding sexual orientation and whether it is protected under the Civil Rights Act of 1964. At least, […]

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First Monday in October Sees SCOTUS Weigh Workers’ Rights

The Supreme Court opened its 2017-2018 term by taking up a case involving some 25 million workers. At issue was whether workers could be contractually forced to use binding arbitration with class action waivers for employment issues rather than being allowed to take collective legal action. Judge Neil Gorsuch, in his first full term, sat […]

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SCOTUS Again Restores President’s Travel Restrictions

With a federal appeals court order set to take effect today, Justice Anthony Kennedy, acting for the full Supreme Court, restored President Trump’s travel ban, and thus some 24,000 refugees covered by the appeals court ruling will have to wait until Oct. 10 (or later) to hear their fate. That’s the date the full court […]

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Supreme Court Limits Presidential Appointment Powers

The Supreme Court this week curtailed the appointment power of presidents by ruling that no one can be named as an acting head of a federal agency if that person has been nominated for the full position and that position requires Senate approval. The ruling springs from an action by then-President Barack Obama, who in 2011 named Lafe […]

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SCOTUS Refuses to Reconsider Obamacare Immigration Plan Injunction

In July, the Obama White House petitioned the Supreme Court to reconsider its tie vote on a lower court’s injunction against implementing President Obama’s executive orders that would grant deportation deferrals and even work permits to some 4 million undocumented immigrants. On Monday, the first day of the court’s 2016-2017 session, the justices turned down the […]

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