Tuesday round-up – SCOTUSblog
Posted Tue, April 30th, 2019 7:10 am by Edith Roberts
Yesterday a unanimous courtroom dominated in Thacker v. Tennessee Valley Authority that the TVA can usually be sued for personal-injury claims, and despatched the case again for the decrease courtroom to find out whether or not this specific declare can proceed. Gregory Sisk analyzes the opinion for this weblog. Y. Peter Kang and Jimmy Hoover report for Regulation360 (subscription required) that the ruling “reviv[es] a sports activities fisherman’s negligence swimsuit in opposition to the quasi-government utility.” At Bloomberg Regulation, Jordan Rubin stories that Justice Elena “Kagan’s opinion offers directions for the decrease courtroom on remand, telling it to first resolve whether or not the TVA’s alleged negligent conduct is governmental or business in nature,” after which, if the previous, to find out whether or not “a extra restricted kind of immunity” applies.
Yesterday the justices additionally issued orders from Friday’s convention, including no circumstances to their deserves doc and requesting the views of the solicitor normal in Google LLC v. Oracle America Inc., which asks whether or not copyright safety extends to software program interfaces. At Bloomberg, Susan Decker stories that “Google is difficult an appeals courtroom ruling that it violated Oracle copyrights when it included some Oracle-owned Java programming code in Android, the dominant working system in cell units.” [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.] Amy Howe covers the order record for this weblog, in a publish that first appeared at Howe on the Courtroom. At Training Week’s Faculty Regulation Weblog, Mark Walsh stories that the courtroom declined to take up a case that “concerned the proper of public unions in lots of states to be the unique consultant for all staff in a bargaining unit, and whether or not nonmembers have First Modification speech and associational pursuits in not being represented in the event that they object.” Kevin Daley stories at The Each day Caller that the courtroom additionally “rejected former Maricopa County Sheriff Joe Arpaio’s bid to take away a court-appointed particular prosecutor from his case.”
In the newest episode of SCOTUStalk, Kimberly Robinson joins Amy Howe to debate final week’s oral argument in Division of Commerce v. New York, a problem to the Trump administration’s choice so as to add a query about citizenship to the 2020 census. For The New York Occasions, Adam Liptak observes that references by two conservative justices to the practices of different international locations “illuminated a debate that has been unfolding for about 20 years over whether or not the Supreme Courtroom ought to look overseas for factors of comparability.” At SCOTUS OA, Tonja Jacobi and Matthew Sag predict a 5-Four win for the federal government. Extra commentary comes from Ciara Torres-Spelliscy on the Brennan Middle for Justice, who argues that “including a citizenship query in 2020 is prone to spoil the depend”; if “the Roberts Supreme Courtroom permits this, it is going to be on the nativist aspect of historical past in a nation of immigrants.”
At Regulation.com, Marcia Coyle stories that a “committee of the Judicial Convention of the USA has been requested to assessment orders dismissing misconduct complaints in opposition to now-Justice Brett Kavanaugh that stem from his 2017 U.S. Supreme Courtroom affirmation hearings.”
At Letters Blogatory, Ted Folkman finds final week’s choice in Lamps Plus Inc. v. Varela, which held that the Federal Arbitration Act bars interpretation of an arbitration settlement underneath state legislation that might permit class arbitration primarily based on normal language generally utilized in arbitration agreements, “tough to clarify,” noting that “it’s not clear why the justices thought their view of the deserves of sophistication arbitration ought to take the query out of the atypical ambit of state legislation.”
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