A brewing tariff refund battle

Welcome to June – for SCOTUSblog, the busiest month of the year. At the Court On Thursday, the justices met in a private conference to discuss cases and vote on petitions for review. Orders from that conference are expected this morning at 9:30 a.m. EDT. Alabama has asked the court […]

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Justices validate arbitration exemption for “last-mile” drivers

Yesterday’s decision in Flowers Foods v. Brock held that an exemption from the Federal Arbitration Act for interstate transportation workers extends to “last-mile” drivers who don’t themselves cross state lines, even though the goods they are delivering are on an interstate journey. That holding protects them from the FAA’s requirement […]

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The Supreme Court’s common sense problem

“Common sense” reasoning is becoming more common at the Supreme Court. The justices have explicitly relied on common sense to underwrite its holdings in several salient areas of law. And commentators are beginning to seize on that trend. Some examples Major questions and tariffs The most striking recent example of […]

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Jury duty for a justice

Believe it or not, Supreme Court justices sometimes have jury duty. Justice Sonia Sotomayor “was among the nearly 250 city residents who reported for jury duty at the D.C. Superior Court” on Tuesday, according to The New York Times. “By noon, the jury office had notified the justice that she […]

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Justice Barrett targeted in “swatting” incident

Justice Amy Coney Barrett was the target of a “swatting” incident – a false call reporting gunshots intended to provoke a response from law enforcement officials – on Wednesday night, according to a report on social media. Andrew Leyden, a freelance photographer who posts frequently on X as @PenguinSix, indicated […]

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Barrett reportedly targeted in “swatting” incident

Justice Amy Coney Barrett was the target of a “swatting” incident – a false call reporting gunshots intended to provoke a response from law enforcement officials – on Wednesday night, according to a report on social media. Andrew Leyden, a freelance photographer who posts frequently on X as @PenguinSix, indicated […]

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How often do courts actually cite emergency docket orders?

Over the years, the Supreme Court has sent mixed signals about whether its emergency docket orders carry precedential weight. In 2021, Justice Samuel Alito said publicly that emergency orders are not intended to establish precedent on the underlying issue. Nevertheless, in Tandon v. Newsom, a religious liberty case, the court […]

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