Justice Scalia’s Absence Felt on the Court – Public Sector Unions Escape Unscathed

The Supreme Court reached a decision in the case Friedrichs v. California Teachers Association On Tuesday. The first major case, presumably of many, to be affected by Justice Scalia’s abrupt death. The case involved 10 nonunion public school teachers who argued their free speech rights were violated by having to pay the equivalent of union […]

Continue Reading ›

Gov. Walker Reinforces SCOTUS Stay of Clean Power Plan through Executive Order

On February 9, 2016 the U.S. Supreme Court issued a stay for the Environmental Protection Agency’s (EPA) Clean Power Plan (CPP) until the litigation surrounding it is resolved. Justices Kennedy, Alito, Thomas, Scalia and Chief Justice Roberts voted in favor of the stay. Justices Ginsburg, Breyer, Sotomayor and Kagan voted to deny the application. This […]

Continue Reading ›

Friedrichs v. California Teachers Association – Act 10 nationwide?

The Court is taking up a variety of interesting cases this term ranging from affirmative action in undergraduate admissions to redistricting. A particularly interesting case is Friedrichs v. California Teachers Association et al. The case involves 10 nonunion public school teachers who argue their free speech rights are violated by having to pay the equivalent […]

Continue Reading ›

UPDATE: Redistricting Lawsuit Moves Forward

Last week, a panel of three federal judges ruled that a case filed by twelve Wisconsin Democrats against the state’s legislative redistricting plan can move forward. The Wisconsin Department of Justice (DOJ), representing Government Accountability Board (GAB), had argued that the plaintiffs lacked standing to file suit, as they did not have a challenger from […]

Continue Reading ›

Friedrichs v. California Teachers Association

While some get excited for fall because the leaves change, the Pumpkin Spice Latte is back at Starbucks and the temperatures drop, court watchers get excited because a new U.S. Supreme Court term is beginning. The Court is taking up a variety of interesting cases this term ranging from affirmative action in undergraduate admissions to […]

Continue Reading ›

Waters of the U.S. Rule

On May 27, 2015, the Environmental Protection Agency (EPA) released its finalized Waters of the United States rule just over a year after it released its proposed rule. This rule was proposed to clarify the EPA’s jurisdiction over the nation’s waterways under the Clean Water Act after the Supreme Court’s decisions in Solid Waste Agency […]

Continue Reading ›

Michigan v. EPA – SCOTUS Rules EPA Must Consider Costs in Initial Decision to Regulate

Scalia, writing for the Court, stated that “[EPA] gave cost no thought at all, because it considered cost irrelevant to its initial decision to regulate,” he continued, writing, “It is unreasonable to read an instruction to an administrative agency to determine whether ‘regulation is appropriate and necessary’ as an invitation to ignore cost.” With that […]

Continue Reading ›

Supreme Court Set to Revisit Class Action Standards

The U.S. Supreme Court recently granted certiorari to Tyson Foods, Inc. v. Bouaphakeo, a case which has the potential to shake up the class action bar. The case revolves around a dispute raised by Tyson pork-processing workers from an Iowa plant who alleged they were underpaid for time spent putting on and taking off protective […]

Continue Reading ›

U.S. Supreme Court Will Not Take Up John Doe Case – Decision Pending in Wisconsin Supreme Court

As it relates to the current state of Wisconsin politics, the words “John Doe” have been omnipresent for what seems like Governor Walker’s entire tenure in office. The probe may be close to a conclusion as another challenge to the probe has been eliminated. In the spring of 2014 Eric O’Keefe, Executive Director of Wisconsin […]

Continue Reading ›

Highest Court Denies to Hear Voter ID Challenge

The U.S. Supreme Court refused to take up a challenge to Wisconsin’s Voter ID law, ending the dispute and upholding the law that was passed in 2011. In June 2014,  the Wisconsin Supreme Court issued its long awaited opinions (League of Women Voters v. Walker and Milwaukee Branch of NAACP v. Walker) upholding Wisconsin’s controversial Voter ID […]

Continue Reading ›