Thursday Round-Up


Publish Date:
May 9, 2019
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  • At The Daily Caller, Kevin Daley reports on Vice President Mike Pence’s announcement yesterday at a Federalist Society conference that “[t]he Trump administration is searching for an appropriate case in which to ask the Supreme Court to end nationwide injunctions,” noting that some members of the court have signaled “receptiveness to such a challenge”: “Justice Clarence Thomas wrote a short concurring opinion to the 2018 travel ban decision that urges the high court to curtail nationwide injunctions,” and “Justice Neil Gorsuch joined the Thomas opinion.”
  • At Stanford Law School’s Legal Aggregate blog, Robert Gordon suggests that the Supreme Court’s recent decision in Lamps Plus Inc. v. Varela, holding that the Federal Arbitration Act bars interpretation of an arbitration agreement under state law that would allow class arbitration based on general language commonly used in arbitration agreements, “is likely to add a little momentum to the growing political opposition to forced arbitration.”
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