Issue: Whether the filed-rate doctrine exempts a cartel from from federal antitrust damages liability for price-fixed rates filed with a state agency, given (a) there is no meaningful review of the filed rates by the agency, (b) the agency is unable to award retrospective compensatory relief for the unlawful conduct, and (c) the private cartel price-fixing would not be exempt under the state action doctrine due to lack of “active supervision” by the agency.
On Monday at 9:30 a.m. we expect orders from the April 24 Conference. We expect one or more opinions in argued cases at 10 a.m. on Wednesday. We will be live-blogging beginning at 9:45.
This is the second week of the April sitting. On Tuesday the Court will hear oral argument in Obergefell v. Hodges, which is consolidated with three other cases, on the questions of whether the Fourteenth Amendment requires that states grant and/or recognize same-sex marriages. We will be live-blogging updates from the oral argument beginning at 11 a.m.
Glossip v. Gross The constitutionality under the Eighth Amendment of using a sedative as the first drug in a death penalty protocol.