Thursday round-up

In The Wall Street Journal, Jess Bravin reports on Tuesday’s confirmation of Noel Francisco as solicitor general, noting that “[t]he Senate divided 50-to-47 along partisan lines, reflecting a distrust among some Democrats toward any lawyer—even an accomplished professional—who would step forward to pursue President Donald Trump’s legal agenda.” In The National Law Journal (subscription or registration required), Marcia Coyle and Mike Scarcella offer “a snapshot of things to know about Francisco and matters on his plate as he prepares to step up to the lectern at the high court.”

At The Economist, Steven Mazie looks at Epic Systems v. Lewis and its two accompanying cases, in which the court will decide whether employment agreements that ban collective resolution of workplace disputes violate federal employment laws, noting that “[i]n a plot twist brought on by the executive branch’s ideological about-face on January 20th of this year, the solicitor general’s office filed an amicus brief backing the companies, … revers[ing] the office’s prior position from September 2016, an uncommon and awkward switcheroo that the justices typically frown upon.” In an op-ed for Newsweek, Ceilidh Gao contends that a ruling for the employers in Epic Systems would harm “individual workers [who] might not be owed much on an individual basis, making it difficult if not impossible for them to seek justice if they can’t join together with coworkers.”


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