Supreme Court Faces Volatile, Even if Not Blockbuster, Docket

from NYTs The Supreme Court, awaiting the outcome of a presidential election that will determine its future, returns to the bench this week to face a volatile docket studded with timely cases on race, religion and immigration. The justices have been shorthanded since Justice Antonin Scalia died in February, and say they are determined to avoid deadlocks. That will require resolve and creativity. “This term promises to be the most unpredictable one in many, many years,” said Neal K. Katyal, a former acting United States solicitor general in the Obama administration now with Hogan Lovells. There is no case yet on the […]

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In a Case of Religious Dress, Justices Explore the Obligations of Employers

from NYTs Justice Samuel A. Alito Jr. on Wednesday warned that “this is going to sound like a joke,” and then posed an unusual question about four hypothetical job applicants. If a Sikh man wears a turban, a Hasidic man wears a hat, a Muslim woman wears a hijab and a Catholic nun wears a habit, must employers recognize that their garb connotes faith — or should they assume, Justice Alito asked, that it is “a fashion statement”? The question arose in a vigorous Supreme Court argument that explored religious stereotypes, employment discrimination and the symbolism of the Muslim head scarf known as the hijab, all […]

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Justices Find Antitrust Law Valid Against Dental Board

from NYTs The Supreme Court on Wednesday ruled that a state dental board controlled by dentists may be sued under antitrust laws for driving teeth-whitening services out of business. The decision, by a 6-to-3 vote, set standards that will most likely also apply to state licensing boards, including those for doctors, lawyers and other professionals. States often rely on such boards to decide which potential competitors may ply their trades. The case, North Carolina State Board of Dental Examiners v. Federal Trade Commission, No. 13-534, concerned a dental board with eight members, six of whom were required by state law to be practicing dentists and […]

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