|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|08-674||D.C. Cir.||Jan 13, 2010||8-1||Ginsburg||OT 2009|
Disclosure: Akin Gump represented a party to the settlement agreement in the proceedings before FERC, but was not involved in the proceedings in either the D.C. Circuit or the Supreme Court. An attorney from Howe & Russell also filed an amicus brief on behalf of the respondents in the case.
Holding: The Supreme Court has previously held that the Federal Energy Regulatory Commission (FERC) is required to presume that electricity prices set out in a freely negotiated wholesale-energy contract are just and reasonable the standard for lawful prices under Federal Power Act unless FERC concludes that the prices seriously harm the public interest. The Court held that this rule applies whether the challenge is brought by a party to the contract, or by a third-party (in this case, customers and state consumer protection agencies).
Judgment: Affirmed, 8-1, in an opinion by Justice Ruth Bader Ginsburg on January 13, 2010. Justice Stevens dissented.
JUST IN: The Supreme Court agrees to take up five new cases, including an appeal from a high school football coach who lost his job after he prayed on the field.
#SCOTUS will have more opinions next Thursday at 10 am.
A workplace vaccine-or-test requirement that would have covered 84 million workers -- blocked. A vaccine mandate for over 10 million health care workers -- allowed to take effect.
Full analysis from @AHoweBlogger on this afternoon's rulings:
Fractured court blocks vaccine-or-test requirement for large workplaces but green-lights vaccine mandate for health care workers - SCOTUSblog
With COVID-19 cases and hospitalizations reaching a new record high as a result of the Omicron variant, the Suprem...
Here's a two-minute explainer from @katieleebarlow, SCOTUSblog's TikTokker-in-residence, on the pair of vaccine decisions the court just handed down.
BREAKING: The Supreme Court BLOCKS the federal government's COVID-19 vaccine-or-test requirement for large workplaces. The court ALLOWS a vaccine mandate for workers at federally funded health care facilities to take effect nationwide.
SCOTUS releases just one opinion today: an 8-1 decision on an arcane question of pension payments for "dual-status military technicians." The court rules in favor of the government's statutory interpretation and against the technicians. Barrett has the opinion; Gorsuch dissents.