Constitutional Law

Seven Supreme Decisions

As it approaches the end of its Term, the U.S. Supreme Court issued seven decisions this week. The Court held 5-4 in Dada v. Mukasey that an alien who seeks voluntary departure from the U.S. must be given additional time to withdraw that request, and 7-2 in Dep’t of Revenue v. Piccadilly that financially failed companies cannot use federal bankruptcy law to avoid paying a state imposed stamp tax on transfers. The Court also held 7-2 in Indiana v. Edwards that a state may require a mentally ill criminal defendant to have a lawyer even when the individual is competent enough to stand trial.

The Court issued four workers’ rights decisions as well. In Chamber of Commerce v. Brown, the Court held 7-2that federal law preempts a California law that restricted employers' use of state funds "to assist, promote or deter organizing." In a 7-1 decision in Meacham v. Knolls Atomic Power Laboratory, the Court held that employers, not employees, bear the burden of providing evidence that an employment action was not based upon age-related reasons. In a 5-4 decision in Kentucky Retirement System v. EEOC, however, the Court held a company’s use of a worker’s age as the litmus test for receiving a pension does not constitute illegal discrimination for workers who become disabled after becoming eligible for retirement. Even so, an employee benefit plan administrator has a conflict of interest if it both evaluates and pays claims, the Court concluded 6-3 in Metropolitan Life Insurance v. Glenn.

As always, SCOTUSBlog has more.

Full post as published by ACS Blog on June 19, 2008 (boomark / email).