Category: 3-LawSometimeCommentary

This week, the Supreme Court will hear a case that could undercut the ability of public sector unions to raise money. Dahlia is joined by Cato

Institute’s Ilya Shapiro and U. of Michigan’s Sam Bagenstos, who submitted briefs on opposite sides of the case.

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Dahlia speaks with attorney Mary Kathryn Nagle about Dollar General Corporation v.

Mississippi Band of Choctaw Indians, a major Native American rights case argued at the Supreme Court earlier this month.

Please let us know what you think of Amicus. Our email is amicus@slate.com.

Subscribe to our podcast here. You can find past episodes of our show here.

Podcast production by Tony Field.

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Dahlia speaks with attorney Mary Kathryn Nagle about Dollar General Corporation v.

Mississippi Band of Choctaw Indians, a major Native American rights case argued at the Supreme Court earlier this month.

Please let us know what you think of Amicus. Our email is amicus@slate.com.

Subscribe to our podcast here. You can find past episodes of our show here.

Podcast production by Tony Field.

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Hosted on Acast. See acast.com/privacy for more information.

On December 14, 2015, the Supreme Court decided DIRECTV v. Imburgia. This case involves a class action lawsuit against DIRECTV by various California customers. Among other things, the agreement between DIRECTV and its customers contained a waiver of any right by either party to undertake class arbitration, unless “the law of your state” made such waivers unenforceable. At that time class arbitration waivers were unenforceable under California law, but in a subsequent case the United States Supreme Court held that this California rule was preempted by the Federal Arbitration Act (FAA). Concluding that the parties had intended to apply the rule as it existed prior to the Supreme Court decision, California trial and appellate courts refused to enforce the arbitration provision. The question before the Supreme Court was whether the FAA permitted this outcome; namely, the application of state law that had since been preempted by the FAA. -- By a vote of 6-3, the Supreme Court reversed the judgment of the California Court of Appeals and remanded the case. Justice Breyer delivered the opinion of the Court, holding that the arbitration provision must be enforced because the California appellate court’s interpretation was preempted by the FAA. -- Justice Breyer’s opinion was joined by the Chief Justice and Justices Scalia, Kennedy, Alito, and Kagan. Justice Thomas filed a dissenting opinion. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined. -- To discuss the case, we have Cory Andrews, who is Senior Litigation Counsel at the Washington Legal Foundation.

On December 7, 2015, the Supreme Court heard oral argument in Dollar General Corporation v. Mississippi Band of Choctaw Indians. This case concerns a dispute over tribal court jurisdiction relating to allegations that the non-Indian manager of a Dollar General store on Choctaw tribal land sexually molested an Indian minor who interned at the store. When the minor’s parents sought to hold Dolgencorp--the subsidiary that operated the store--vicariously liable for the manager’s conduct, Dolgencorp petitioned in federal district court for an injunction barring tribal court proceedings, on the grounds that the tribal court lacked jurisdiction. The district court denied relief, concluding that while tribal courts typically lack civil authority over the conduct of non-members on non-Indian land within a reservation, Dolgencorp’s situation fell within a “consensual relationship” exception to the rule. The U.S. Court of Appeals for the Fifth Circuit affirmed, and denied rehearing en banc over the dissent of five judges. -- The question before the Supreme Court is whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against non-members, including as a means of regulating the conduct of non-members who enter into consensual relationships with a tribe or its members. -- To discuss the case, we have Zachary Price, who is Associate Professor of Law at University of California, Hastings College of Law.

On December 8, 2015, the Supreme Court decided Shapiro v. McManus. In this case several Maryland citizens sued state election officials claiming that a 2011 redistricting plan violated their rights to political association and equal representation under the First and Fourteenth Amendments. Although federal law normally requires such claims to be heard by a three-judge federal court, a single judge dismissed the suit for failure to state a claim, and the U.S. Court of Appeals for the Fourth Circuit affirmed. -- The question before the Supreme Court was whether a single-judge federal district court may determine that a claim governed by the Three-Judge Court Act is insubstantial, and that three judges therefore are not required--not because it concludes that the complaint is wholly frivolous, but because it concludes that the complaint fails to state a claim under Federal Rule of Civil Procedure 12(b)(6). -- By a vote of 9-0, the Supreme Court reversed the judgment of the Fourth Circuit and remanded the case. Justice Scalia delivered the opinion for a unanimous Court, holding that the citizens’ redistricting challenge was not so insubstantial that it could be dismissed by a single judge, and should have been considered by a three-judge Court. -- To discuss the case, we have Michael T. Morley, who is Assistant Professor at Barry University School of Law.

What is the meaning of “one person, one vote? That’s the main question in Evenwel v. Abbott, argued this week at the Supreme Court. On this episode, Dahlia speaks with Andrew Grossman and Nathaniel Persily -- experts on opposing sides of the case. She also plays a few highlights from the week’s big affirmative action case, Fisher v University of Texas at Austin.

Please let us know what you think of Amicus. Our email is amicus@slate.com.

Subscribe to our podcast here. You can find past episodes of our show here.

Amicus is sponsored by The Great Courses, offering a series of lectures about the impact that technology is having on the constitution and our rights. The series—"Privacy, Property & Free Speech: Law and the Constitution in the 21st Century"—is available right now at up to 80 percent off the original price if you visit TheGreatCourses.com/amicus.

Podcast production by Tony Field.

Learn more about your ad choices. Visit megaphone.fm/adchoices

What is the meaning of “one person, one vote? That’s the main question in Evenwel v. Abbott, argued this week at the Supreme Court. On this episode, Dahlia speaks with Andrew Grossman and Nathaniel Persily -- experts on opposing sides of the case. She also plays a few highlights from the week’s big affirmative action case, Fisher v University of Texas at Austin.

Please let us know what you think of Amicus. Our email is amicus@slate.com.

Subscribe to our podcast here. You can find past episodes of our show here.

Amicus is sponsored by The Great Courses, offering a series of lectures about the impact that technology is having on the constitution and our rights. The series—"Privacy, Property & Free Speech: Law and the Constitution in the 21st Century"—is available right now at up to 80 percent off the original price if you visit TheGreatCourses.com/amicus.

Podcast production by Tony Field.

---

Hosted on Acast. See acast.com/privacy for more information.

On November 2, 2015, the Supreme Court heard oral argument in Spokeo, Inc. v. Robins. Robins sued website operator Spokeo, Inc. under the Fair Credit Reporting Act, complaining that Spokeo had published inaccurate personal information about Robins. The district court determined that Robins had failed to allege an injury-in-fact and dismissed the case for lack of standing. The U.S. Court of Appeals for the Ninth Circuit reversed, concluding that Spokeo’s alleged violations of Robins’ statutory rights constituted sufficient injury, and that Robins satisfied the other requirements for Article III standing. -- The question Spokeo raises before the Supreme Court is whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing a private right of action based on a bare violation of a federal statute. -- To discuss the case, we have Erin Hawley, who is Associate Professor of Law at University of Missouri School of Law.

On December 2, 2015, the Supreme Court heard oral argument in Gobeille v. Liberty Mutual Insurance Company. Liberty Mutual Insurance Company (Liberty Mutual) operates a self-insured employee health plan through a third-party administrator. Vermont state law requires such plans to file with the State reports concerning claims data and certain other information. When Vermont subpoenaed claims data from Liberty Mutual’s third-party administrator, Liberty Mutual sued and argued that the federal Employment Retirement Income Security Act of 1974 (ERISA) preempted the Vermont statute. The district court found no preemption and ruled in favor of Vermont. On appeal a divided panel of the U.S. Court of Appeals for the Second Circuit reversed and held that ERISA preemption did apply. -- The question before the Court is whether the Second Circuit erred in holding that ERISA preempts Vermont's health care database law as applied to the third-party administrator for a self-funded ERISA plan. -- To discuss the case, we have John Ohlendorf, who is an associate at Cooper & Kirk, PLLC.