There has been a good deal of recent attention given to the Supreme Court's so-called "shadow docket," a term that refers generally to the Court's (conservative majority's) issuing brief orders and unsigned opinions resolving procedural motions in a way that effectively disposes of cases, but without their having been fully briefed and argued.
The Court has decided the latest in a series of important cases interpreting the reach of the Federal Arbitration Act (FAA), 9 U. S. C. §§ 1 et seq.
On March 31, in Badgerow v. Walters, by an 8-1 majority (opinion written by Justice Kagan, and a lone dissent by Justice Breyer), the Court reversed an order of the Fifth Circuit and held that the federal courts do not have authority to “look through” an arbitration dispute for a federal question that would establish jurisdiction to confirm or deny an arbitral award.
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Recent Updates
- A Ticking Time Bomb—Universal Injunctive Relief at Risk - SCOTUS Today
- CFPB’s Recent Rule Eliminates Medical Debt from Credit Reports
- Justices Rebuke Appeals Court for Overlooking High Court Precedent on Unduly Prejudicial Evidence - SCOTUS Today
- TikTok, the Clock Won’t Stop, and Cases Involving Court Jurisdiction Narrowly Focused - SCOTUS Today
- The Second Circuit Revives Sarah Palin’s Defamation Suit Against The New York Times