Supreme Court Update




Supreme Court Update is a podcast that brings you brief, timely summaries of Supreme Court opinions from the current Term. You can download the mp3 files from this page, or subscribe using iTunes, a RSS reader, or other software, using the buttons on the left.



Baze v. Rees, 552 U.S. ____ (2008)
Decided April 16, 2008 | See opinion here

On April 16, in a plurality decision, the Supreme Court, in Baze v. Rees, 552 U.S.____ (2008), affirmed the judgment of the Supreme Court of Kentucky that Kentucky's protocol for lethal injection does not violate the Eighth Amendment's prohibition on cruel and unusual punishment.
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Hall Street Associates, L.L.C. v. Mattel, Inc., 552 U.S. ____ (2008)
Decided March 25, 2008 | See opinion here

On March 25, the Supreme Court issued its opinion in Hall Street Associates, L.L.C. v. Mattel, Inc., 552 U.S.____ (2008), a closely-watched case addressing the freedom of parties to an arbitration agreement falling under the aegis of the Federal Arbitration Act ("FAA" ) to contract for broader judicial review of a resulting arbitration award than that specified in the FAA.  In its 6-3 decision, the Court held that the FAA's statutory grounds for vacatur and modification of arbitrations awards are exclusive.
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Federal Express Corporation v. Holowecki, No. 06-1322,
552 U.S. ____ (2008)

Decided February 27, 2008 | See opinion here

This case involved the meaning of the term "charge" as it is used in the Age Discrimination in Employment Act of 1967 (ADEA).  Specifically, the ADEA provides that an employee must wait 60 days to commence a civil action after filing a charge alleging unlawful discrimination with the Equal Employment Opportunity Commission (EEOC). 
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Sprint/United Management Co. v. Mendelsohn, No. 06-1221,
552 U.S. ____ (2008)

Decided February 26, 2008 | See opinion here

The Court unanimously held that testimony by nonparties alleging discrimination by supervisors who were uninvolved in the contested employment decision is not subject to a per se rule of admissibility.
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Preston v. Ferrer, No. 06-1463, 552 U.S. ____ (2008)
Decided February 20, 2008 | See opinion here

The Supreme Court held that when parties agree to arbitrate all questions arising under a contract, the Federal Arbitration Act (FAA) supersedes state laws establishing primary jurisdiction in another forum, whether judicial or administrative.
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Rowe v. New Hampshire Motor Transport Association, No. 06-457,
552 U.S. ____ (2008)

Decided February 20, 2008 | See opinion here

The Supreme Court held that a federal statute that prohibits States from enacting any law "related to" a motor carrier "price, route, or service" preempts two provisions of a Maine tobacco law that regulates the delivery of tobacco to customers within the state.
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New York State Board of Elections v. López Torres, No. 06-766,
552 U.S. ____ (2008)

Decided January 16, 2008 | See opinion here

The Supreme Court held that New York's system of choosing party nominees for the State Supreme Court does not violate the First Amendment associational rights of prospective party candidates.
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Stoneridge v. Scientific-Atlanta, 552 U.S. ____ (2008)
Decided January 15, 2008 | See opinion here

In this closely-watched securities fraud case, the Supreme Court limited the ability of investors to sue third parties who are alleged to have facilitated fraudulent conduct.  In its 5-3 decision, the Court ruled that secondary actors (including by way of example, vendors, accountants, and lawyers) cannot be liable for corporate fraud if investors did not rely on statements from them in making investment decisions. 
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