Many Court watchers think it is a foregone conclusion that the Supreme Court will grant the cert petition in Janus v. AFSCME, and then overturn the forty-year old decision in Abood v. Detroit Board of Education. While I’m not willing to bet against that, it’s ... More »
Last term’s Supreme Court decisions, particularly in the employment area, suggest that the Court was simply marking time while it functioned without a ninth Justice and Presidential politics occupied center stage. But to this observer, the thin and relatively ... More »
When Judge Neil Gorsuch accepted his nomination to the Supreme Court, he professed modesty about his role on the Court, if he is confirmed. He proclaimed that it is the role of judges to “apply not alter the work of the people’s representatives.” But, unfort... More »
This post is part of an ongoing series on the labor decisions and positions of some of the likely potential picks to replace Justice Scalia on the Supreme Court. Neil Gorsuch currently serves as a judge on the United States Court of Appeals for the 10th Circui... More »
President Donald Trump plans to announce his nominee to fill the late Justice Scalia’s seat on the Supreme Court this Thursday. Among the rumored candidates is Judge William H. Pryor Jr. of the 11th Circuit, who met with the president two weeks ago. Judge Pr... More »
Jonathan R. Harkavy, of Patterson Harkavy in Greensboro, N.C., has just posted a very useful (and thorough) review of the labor and employment docket from the Supreme Court’s last Term. The piece is available through SSRN. More »
Have you ever read a newspaper article (or the on-line equivalent) reporting on something that you know about first-hand? If you’re like me, you notice that there are invariably some factual errors. This is understandable – reporters tend to have tight deadl... More »
This post is part of an ongoing series on the labor decisions and positions of some of the likely potential picks to replace Justice Scalia on the Supreme Court. Paul Watford has been a judge on the 9th Circuit since his nomination by President Obama in 2012. ... More »
This post is part of an ongoing series on the labor decisions and positions of some of the likely potential picks to replace Justice Scalia on the Supreme Court. Sri Srinivasan is currently a judge on the U.S. Court of Appeals for the D.C. Circuit. The Senate... More »
If Justice Scalia’s replacement is progressive, the Supreme Court will have a five-Justice liberal majority for the first time in decades. Given the significant number five-to-four decisions limiting the rights of and protections for workers, the importance o... More »
This post is part of an ongoing series on the labor decisions and positions of some of the likely potential picks to replace Justice Scalia on the Supreme Court. In the wake of Justice Antonin Scalia’s death, Judge Patricia Ann Millett of the United States Cou... More »
When it comes to picking Supreme Court justices, President Obama has said that he wants justices who understand how law affects the lives of ordinary people. Two potential nominees mentioned on various short lists, Judge Jane Kelly and Judge Robert Wilkins, w... More »