Today was the first of three days of oral arguments, totaling six hours, on the Affordable Care Act, a/k/a “Obamacare,” before the Supreme Court of the United States. The issue today was whether the “penalty” imposed by the statute for ...
Marmet Health Care Center, Inc. v. Brown, 565 U.S. ___, 132 S.Ct. 1201 (2012). The Supreme Court of the United States decides many fewer cases now than it did in prior years. The Court also likes to say that it does ...
The Sunday Review section of today’s New York Times features a “Sunday Dialogue” entitled “Putting the Justices on TV.” In response to a Times article about whether oral arguments at the United States Supreme Court should televised, Professor Nancy Marder ...
Nine minutes ago, the Supreme Court of the United States announced that among the cases it will take up are three cases involving the constitutionality of the Patient Protection and Affordable Care Act. It had been expected that the Court would ...
J. McIntyre Machinery, Ltd. v. Nicastro, 131 U.S. 2780 (2011). Lawyers and judges sometimes refer to new cases that grow out of an older, seminal case as the “progeny” of that earlier decision. Well, welcome a new arrival among the ...
Wal-Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541 (2011). The decision in this closely-watched employment discrimination putative class action, near the end of the current term of the Supreme Court of the United States, was not a surprise. The current Supreme Court is, ...
Though Independence Day is not the anniversary of the United States Constitution, it is still a good day to look back on the origin and history of the federal appellate courts. Article III of the Constitution, the Judicial Article, says ...
Fox v. Vice, 131 S.Ct. 2205 (2011). The Civil Rights Act, 42 U.S.C. §1983, includes a fee-shifting provision, 42 U.S.C. §1988. Most often, it is a prevailing plaintiff who seeks fees under that provision. But section 1988 allows a prevailing defendant ...
The 70th Third Circuit Judicial Conference began last night in Philadelphia. Those of us in attendance were treated to an interesting keynote address by the Third Circuit’s (and New Jersey’s) own Justice Alito of the United States Supreme Court. Justice ...
AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740 (2011). From the same people who brought us the outrageous 5-4 decision in Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007), comes another 5-4 ruling that similarly permits corporate ...