Tuesday round-up
on Jan 15, 2019 at 6:38 am
This morning the justices will hear oral argument in two cases. The first is Home Depot U.S.A. Inc. v. Jackson, which involves the ability of a third-party class-action defendant to remove a counterclaim from state court to federal court. Ronald Mann previewed the case for this blog. Basem Besada and Isaac Idicula have a preview for Cornell Law School’s Legal Information Institute, and Subscript Law provides a graphic explainer. [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel to the petitioner in this case.] This morning’s second argument is in Azar v. Allina Health Services, which asks whether the Department of Health and Human Services was required to conduct notice-and-comment rulemaking before altering its Medicare hospital-reimbursement formula. This blog’s preview came from Abbe Gluck and Anne Joseph O’Connell. Lauren Devendorf and Tyler Schmitt preview the case for Cornell. Another look comes from Karen Lovitch at The National Law Review.
The court issued additional orders yesterday morning from its conference last Friday. The justices did not add any merits cases to their docket, nor did they act on several high-profile petitions; they asked the federal government for its views in three cases, two of which raise the same issue. Amy Howe covers the order list for this blog, in a post that first appeared at Howe on the Court. At The Daily Caller, Kevin Daley reports that the court also “rejected an unusual challenge to Matthew Whitaker’s appointment as acting attorney general.” Additional coverage of yesterday’s orders comes from Robert Barnes in The Washington Post. [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel to the petitioner in Michaels v. Whitaker.]
In an op-ed for Forbes, Nick Sibilla writes that in Tennessee Wine & Spirits Retailers Association v. Blair, a challenge to Tennessee’s durational residency requirements for liquor licensing that will be argued tomorrow, the court “may soon decide whether states can pass laws that do little more than protect in-state businesses from outside competitors in the alcohol industry.” At the Alcohol Law Review, Paul Pisano urges the court to “avoid repeating the mistakes of 1919 and honor the state roles in regulating alcohol by giving the broadest reading to the 21st Amendment.”
Briefly:
- Subscript Law has a graphic explainer for Henry Schein, Inc. v. Archer & White Sales, Inc., in which the court held that under the Federal Arbitration Act, a court must enforce an agreement that requires an arbitrator to decide whether a dispute should be decided in arbitration, regardless of the court’s view of the merits of the request for arbitration.
- At The World and Everything in It (podcast), Mary Reichard discusses the oral arguments in four cases from the December session: Carpenter v. Murphy, BNSF Railway Company v. Loos, Lorenzo v. Securities and Exchange Commission, and Dawson v. Steager.
- At Reason, Baylen Linnekin asserts that the Supreme Court’s decision last week not to review “a trio of food freedom cases,” including a challenge to California’s ban on foie gras, “increases chances we’ll see more such laws (and the inevitable legislative reprisals), and that cycle will harm consumers, farmers, interstate commerce, and businesses of all sizes.”
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