Commercial Litigation Update

Despite a large list of argued cases pending decision, the Court decides just two of them today—neither of them Dobbs.

Our colleague Stuart Gerson of Epstein Becker Green has a new post on SCOTUS Today that will be of interest to our readers:  "Two Election-Related Decisions, Decided on Strict Ideological Grounds, Close Out the Term."

The following is an excerpt:

No harmony today. The Court has rendered two 6-3 decisions mirroring strong ideological divisions. In one, Brnovich v. Democratic National Committee, the Court was unmoved by allegations that two provisions of Arizona election law offended Section 2 of the Voting Rights Act (“VRA”) and had resulted in disproportionate ...

Our colleague Stuart Gerson of Epstein Becker Green has a new post on SCOTUS Today that will be of interest to our readers: A Hint About the Future of the Affordable Care Act.

The following is an excerpt:

There were no opinions delivered today, only very heated and important argument in the consolidated cases of Brnovich v. Democratic National Committee and Arizona Republican Party v. Democratic National Committee.

These cases concern whether two of Arizona’s voting policies—one prohibiting counting provisional ballots cast on election day outside of a ...

Mark Twain once said: “Trial by jury is the palladium of our liberties. I do not know what a palladium is, but I am sure it is a good thing!” If Mr. Twain were alive today, he wouldn’t be quite so sure that jury trials conducted during the COVID-19 pandemic are really such a good thing.

Recent news reports suggest that a vaccine may not be available until next spring at the earliest, and it may take months before that vaccine can be widely distributed. But the demands of justice do not rest, and courts—already overburdened with growing dockets before the pandemic—are struggling to ...