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By Jimmy Hoover | May 31, 2024
The justices have placed a new emphasis on the text of the 1925 Federal Arbitration Act and treat it like other federal statutes instead of deferring to policy arguments favoring arbitration.
9 minute read
By Jimmy Hoover | May 31, 2024
The justices made only slight progress this week on the imposing stack of cases they must resolve in just one month if they are to enjoy their traditional summer recess that kicks off in July.
6 minute read
By Jimmy Hoover | Sulaiman Abdur-Rahman | May 30, 2024
In a unanimous decision, the U.S. Supreme Court revived a class action against Bank of America over its alleged failure to pay interest on mortgage escrow accounts.
2 minute read
By Steve Lash | May 30, 2024
The 40-year-old doctrine of judges deferring to federal agencies appears headed toward demise, an apparent fate that has spurred a rash of challenges to regulations by plaintiffs increasingly confident of victory.
8 minute read
By Jimmy Hoover | May 30, 2024
"Separation of powers concerns and the importance of preserving judicial independence counsel against such appearances," Chief Justice John Roberts Jr. stated in a letter made available by the court Thursday afternoon.
3 minute read
By Jimmy Hoover | May 30, 2024
"The weakness of Jones's mitigating evidence contrasts sharply with the strength of the aggravating circumstances," Justice Samuel Alito Jr. wrote in the majority's rejection of Danny Lee Jones's claim of having received ineffective assistance of counsel at sentencing.
5 minute read
By Jimmy Hoover | May 30, 2024
"Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors," Justice Sonia Sotomayor wrote for the court.
6 minute read
By Cheryl Miller | May 29, 2024
In an outlier opinion, the Second District Court of Appeal, Division Five held that the Federal Arbitration Act preempts state law requiring companies to pay their arbitration bills on time or risk having claims against them tossed into court.
5 minute read
By Jimmy Hoover | May 29, 2024
"A reasonable person who is not motivated by political or ideological considerations or a desire to affect the outcome of Supreme Court cases would conclude that this event does not meet the applicable standard for recusal," the justice wrote in a letter to lawmakers.
5 minute read
By Jeffrey M. Winn | May 28, 2024
The former U.S. Supreme Court justice's book provides excellent analysis of the contrast between textualism/originalism, but was not as forceful as it could have been in highlighting examples where textualism and originalism would produce abhorrent results that could undermine the high court's prestige.
8 minute read
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