on Dec 8, 2020 at 7:00 am
It’s déjà vu day at the Supreme Court, with the justices set to hear oral arguments in a pair of cases that seem — at least at first glance — to reprise issues the court has previously considered in recent terms. In the first case, Facebook v. Duguid, the court will revisit the federal anti-robocalling law known as the Telephone Consumer Protection Act. Earlier this year, the court struck down one provision of that law as violating the First Amendment. Now, the court will tackle a thorny statutory-interpretation question that will determine how broadly the law can sweep — and some First Amendment issues are again lingering in the background of the case. Our preview is here.
In the second case to be argued on Tuesday, Henry Schein Inc. v. Archer and White Sales Inc., the court will consider the latest iteration in a meta-fight between two dental-supply companies over whether their dispute should be litigated in court or resolved in arbitration. In 2019, the court decided round 1 in favor of Henry Schein Inc., which wants arbitration. Archer and White Sales, which wants to litigate in federal court, faces somewhat long odds that round 2 will end differently. Our preview is here.
Here’s a round-up of other Supreme Court-related news and commentary from around the web:
- Supreme Court Hears Arguments on Jewish Property in Nazi Germany and Hungary (Jess Bravin, The Wall Street Journal)
- Looted Nazi Art Again Before Supreme Court (Nina Totenberg, NPR)
- Supreme Court Weighs Fate of Medieval Art Collection Allegedly Extorted by Nazis (Kevin Daley, The Washington Free Beacon)
- Supreme Court sidelines case against bathroom access for transgender students (Bianca Quilantan, Politico)
- I served on Brandon Bernard’s jury, and I believe his death sentence is wrong (Gary McClung, Jr., American Constitution Society)
- High court should clarify that agencies cannot break the law without consequences (Jeffrey McCloy, Daily Journal)
- Oral Argument Summary: Jones v. Mississippi (Audrey Jung, High School SCOTUS)
- Facebook v. Duguid Infographic (Mariam Morshedi, Subscript Law)
- Preview of Facebook v. Duguid (Brett Duffek & Katsuhiro Onishi, Cornell Legal Information Institute)
- Preview of Henry Schein Inc. v. Archer and White Sales Inc. (Noah Welch & Chris Mao, Cornell Legal Information Institute)
We rely on our readers to send us links for our round-up. If you have or know of a recent (published in the last two or three days) article, post, podcast or op-ed relating to the Supreme Court that you’d like us to consider for inclusion, please send it to firstname.lastname@example.org. Thank you!