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What Scalia’s Replacement Could Mean for Workers

Published February 26th, 2016 -

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 »

The Supreme Court Vacancy and Labor: Merrick Garland

Published February 23rd, 2016 -

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. On February 13, 2016, Justice Scalia unexpectedly passed away.  In the aftermath of his passing, t... More »

The Supreme Court Vacancy and Labor

Published February 23rd, 2016 -

With the Court and Congress back in session for the first time since Justice Scalia’s death, attention has turned to President Obama’s choice of a nominee to replace the Justice.  The President’s decision will have obvious implications for al... More »

Tie Votes in the Supreme Court

Published February 15th, 2016 -

Relevant to our earlier discussion of how Justice Scalia’s passing affects Friedrichs, University of Denver Professor Justin Pidot recently posted a draft paper regarding tie votes in the Supreme Court. In his paper, Professor Pidot contends that ties not only... More »

The Problem with the WSJ's Appeal to Scalia

Published January 24th, 2014 -

The Wall Street Journal editorial page is concerned that Justice Scalia might provide a fifth vote to affirm the seventh circuit’s decision in Harris v. Quinn.  The Journal believes that there is a “first constitutional principle” at stake in Harris and that “... More »

Reuters on the Implications of Mulhall

Published December 11th, 2013 -

Amanda Becker and Lawrence Hurley of Reuters have a good piece today on the implications of the Supreme Court’s dismissal of Mulhall. In the article, Professor Sachs stresses that the Eleventh Circuit ruling that will remain in place was very narrow, and... More »

Mulhall Dismissed!

Published December 10th, 2013 -

In a post published in August (and republished in November), I expressed puzzlement about the Supreme Court’s grant of certiorari in Mulhall.  “I am beginning to think that the procedural hurdles to affirmance are so great that the grant might have been imprud... More »

Loans, Deliveries and Money in Mulhall

Published December 4th, 2013 -

In Unite Here Local 355 v. Mulhall, the parties have asked the Supreme Court to interpret §302 of the Labor Management Relations Act (LMRA), which provides that an employer may not “pay, lend, or deliver… any money or other thing of value” to a union. Unite He... More »