Supreme Court

  • February 11, 2014
     
    The American Bar Association Standards Review Committee is considering a recommendation that the ABA no longer prohibit law students from receiving money for internships and externships. Karen Sloan of The National Law Journal has the story.
     
    In their debut article for The Intercept, Jeremy Scahill and Glenn Greenwald examine the National Security Agency’s controversial role in targeting terror suspects for lethal drone strikes and the effectiveness of geolocating technology.
     
    Dallas District Attorney Craig Watkins created the nation's first Conviction Integrity Unit. In an interview with NPR’s Melissa Block, Watkins discusses the 87 overturned convictions in the U.S. in 2013 and what is being done in Dallas County to prevent miscarriages of justice.
     
    With the U.S. Supreme Court returning to session on February 24, the justices could soon rule on whether legislative prayer violates the Establishment Clause. Michael Kirkland at UPI breaks down Town of Greece v. Galloway.
  • February 10, 2014

    The U.S. Department of Justice announced an expanding federal recognition of same-sex marriages. Human Rights Campaign reports on the policy change that has Attorney General Eric Holder, Jr. calling for the DOJ “to ensure that same-sex marriages receive the same privileges, protections and rights as opposite-sex marriages.”
     
    Writing for Balkinization, Gerard N. Magliocca anticipates a lengthy opinion from the Supreme Court in McCutcheon v. Federal Election Commission. Magliocca explains why the justices should make it brief.
     
    Reporting for The Washington Post, Brian Fung explores why it is likely that net neutrality will not reach our nation’s highest court.
     
    In “Slavery, By the Numbers,” Henry Louis Gates, Jr. provides readers of The Root with “28 statistics every American should know this Black History Month.”
  • February 7, 2014
     
    The New York Times editorial board cited an amicus brief in Sebelius v. Hobby Lobby Stores authored by Frederick Mark Gedicks, Faculty Advisor for the Brigham Young University J. Reuben Clark Law School ACS Student Chapter. The paper calls for the Court to recognize the Establishment Clause’s precedent in the lawsuit against the Obama administration. Gedicks also authored an ACS Issue Brief examining the challenges to the Affordable Care Act’s contraception policy and laid out an argument against granting religious exemptions to for-profit corporations on ACSblog.
     
    Sherrilyn Ifill, President and Director-Counsel of the NAACP Legal Defense and Educational Fund, released a statement praising the Senate Judiciary Committee for its favorable report of Debo Adegbile to be the Assistant Attorney General in the Department of Justice's Civil Rights Division. In the statement, Ifill says Adegbile “has precisely the type of broad civil rights experience that is required at this pivotal moment in our country.”
     
    Last summer, the U.S. Supreme Court struck down a key provision of the Voting Rights Act that required federal review of voting laws in states with a history of voter discrimination. Adam Ragusea of NPR reports from Macon, Georgia on the repercussions felt by the city’s minority voters.
     
    Human Rights Watch explores the legal and ethical implications of a growing trend among probation companies to “act more like abusive debt collectors than probation officers.”
     
    The Honorable Robert L. Carter is in the NAACP Legal Defense and Educational Fund’s “Black History Month Spotlight.”
  • February 6, 2014
     
    Writing for The Huffington Post, distinguished George Washington University Law School Prof. Alan B. Morrison and co-author Adam A. Marshall argue in favor of the National Popular Vote (NPV) movement. In his article, Morrison—a faculty advisor to the ACS Student Chapter at GWU—explains why the current state of the Electoral College is a major deficit to American democracy and how the NPV movement would facilitate a more representative voting system.
     
    Writing for SCOTUSblog, Jody Freeman explains why the greenhouse gas cases pending at the U.S. Supreme Court will have little impact on the EPA and the government’s ability to regulate emissions.
     
    The Associated Press reports on the developing case in the U.S. Court of Appeals for the Tenth Circuit that has Utah state attorneys insisting that same-sex marriage will devalue the family structure and lead to economic crisis.
     
    David H. Gans of Slate breaks down Hobby Lobby’s lawsuit against the Obama administration to reveal why, when it comes to the free exercise of religion, most corporations are sitting this one out.
     
    At the blog of Legal Times, Todd Ruger notes the diversity of President Obama’s judicial nominees.

     

  • January 22, 2014
    Guest Post

    by Ann C. Hodges, Professor of Law, University of Richmond School of Law

    This post is part of a series examining Harris v. Quinn, for which the high court heard oral argument on January 21.

    While there are many things one could say about the January 21 oral argument in Harris v. Quinn, three things stood out to this long-time labor lawyer. There was a long exchange between Justice Kennedy and the union’s lawyer about whether the issues about which public employers typically bargain are political issues. This portion of the argument cast doubt on the validity of the distinction that the Supreme Court has made between chargeable expenses, those related to collective bargaining and contract administration, and non-chargeable expenses, which include everything else but most importantly political expenditures. 

    This longstanding distinction has protected objecting employees from being forced to subsidize unions’ political activity. As suggested in the argument, however, anything relating to terms and conditions of employment of public employees involves government expenditures and the way government spends funds can always be characterized as a political issue.  The reach of this argument calls into question not only the model of exclusive representation that has been the basis of labor law in this country since 1935, but also collective bargaining for public employees in general.  If the union must represent all the employees in the bargaining unit, as it is required to do by law, it must negotiate for benefits and working conditions that affect government expenditures; some employees may view these as political positions to which they object. While it seemed that the National Right to Work Legal Defense Foundation’s argument questioned the constitutionality of public sector bargaining and exclusive representation, the lawyer assured the justices that those issues were not before them in this case. The implications for the American labor law system are clear, however.

    There was also a suggestion that the free rider problem could be solved by abandoning exclusive representation and allowing the union to represent only its members. This ignores two realities.  First, as a practical matter employers do not want to administer different pay plans, benefits and working conditions for similar groups of employees. The nonmembers would likely obtain what the union negotiates even without the requirement of exclusive representation. Second, as suggested by the union’s lawyer, what could be more coercive of associational rights than a system where unionized workers are paid more than nonunion workers doing the same job solely because they are union members? Although the attorney from the National Right to Legal Defense Foundation intimated that such a system would be constitutionally and legally permissible, it would be surprising if no legal challenge to such a disparity were mounted.