Matt Coles on National Federation of Independent Businesses v. Dept. of Labor

An other-worldly vaccine argument at the Supreme Court

Photo of Matt ColesPredictions about how the Supreme Court will rule in the mask/vaccine cases appeared quickly and in bulk.  No need to add to them, especially since they are mostly pretty consistent.

In time, observers who care about how important process is to the integrity of the system will raise the Court’s disturbing lack of attention to it.  The businesses and states that want to stop the OSHA mask/vaccine rule from going into effect are asking the Court to issue a writ (though they call it a “stay,” which it clearly is not).  To get the writ, they have to show, as the Solicitor General put it, “an indisputably clear right to relief.”  But virtually everyone involved acted as though the issue were the ultimate merits, who should win in the end.  That’s not the way the Court is supposed to operate. Continue reading “Matt Coles on National Federation of Independent Businesses v. Dept. of Labor”

Matt Coles on Brnovich v. Democratic National Committee

Photo of Matt ColesIn the last 13 years, the Supreme Court has dismantled most of the litigation tools lawyers have used to keep elections honest.  Today, by a vote of 6-3, the Court did serious damage to one of the last remaining tools, Section 2 of the Voting Rights Act.  In an opinion by Justice Alito, the Court goes out of its way not to give any rules for applying Section 2.  Continue reading “Matt Coles on Brnovich v. Democratic National Committee”

Rory Little on Lange v. CA, Cedar Point Nursery v. Hassid, and Collins v. Yellen

End-of-Term decisions show that “Cautious Conservatives” are now in charge at the Supreme Court (for now)

 

Photo of Rory Little           It’s often hard to keep up with the crush of decisions the Supreme Court usually issues in the last two weeks of its annual Term (which by tradition runs from October through June).  Today the Supreme Court issued four decisions, each important and worthy of individual note.  Continue reading “Rory Little on Lange v. CA, Cedar Point Nursery v. Hassid, and Collins v. Yellen”

Matt Coles on Fulton v. City of Philadelphia

Photo of Matt ColesThe Supreme Court’s decision today in Fulton v. City of Philadelphia is mostly a “nondecision.” The Court uses some legal sleight-of-hand to avoid the big question the case poses: how to resolve possible clashes between LGBT people’s right to equality and the right to free exercise of religion. But the concurring opinions give us important clues on where the Court may be headed on that and similar clashes. Continue reading “Matt Coles on Fulton v. City of Philadelphia”