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Wednesday round-up

With the start of the Supreme Court’s October sitting only a little over a month away, some coverage of the court focuses on cases scheduled for oral argument during that sitting. Subscript provides a graphic explainer for Epic Systems Corp. v. Lewis (and two consolidated cases), in which the Supreme Court will consider whether an individual-arbitration agreement for employment-related disputes is enforceable under the Federal Arbitration Act, notwithstanding provisions of the National Labor Relations Act. At The National Law Journal (subscription or registration required), Marcia Coyle provides additional coverage on these cases, which she describes as “the biggest workplace challenge in the coming U.S. Supreme Court term.” Counting to 5 (podcast) previews three immigration-related cases scheduled for oral argument in October – Sessions v. Dimaya, Jennings v. Rodriguez and Trump v. International Refugee Assistance Project.

The relationship between the Supreme Court and the recent violence in Charlottesville, Virginia continues to generate coverage and commentary. At The National Law Journal (subscription or registration required), Tony Mauro reports that as statues and busts of the late Chief Justice Roger Taney are taken down in Maryland, “at the U.S. Supreme Court, depictions of the author of the notorious Dred Scott decision are still visible—and not likely to disappear anytime soon.” At Take Care, Leah Litman and Helen Klein Murillo argue that the Supreme Court’s decisions in three cases from the last 15 years – Shelby County v. Holder, Grutter v. Bollinger and Parents Involved in Community Schools v. Seattle School District No. 1 – demonstrate reasoning similar to President Donald Trump’s in the wake of the Charlottesville violence, which they characterize as “minimization—to deny, implicitly, that something terrible and worthy of our collective condemnation had happened.”

Recommended Citation: Andrew Hamm, Wednesday round-up, SCOTUSblog (Aug. 23, 2017, 11:45 AM),