The U.S. Supreme Court: Recent Past and Future Predictions
Professor Rory Little
| Constitutional Law Professor, UC Hastings
Each year, MCBA begins its summer with Professor Rory Little’s update on high profile SCOTUS cases, offering MCBA members a glimpse of the Supreme Court's justice positions and their summarized discussions. Professor Little is a frequent NPR commentator on Supreme Court issues. He looks forward to sharing trends and predictions about the Court.
Here are several cases still to come before the Court:
• Carpenter v. United States A case in which the Court will determine whether the warrantless seizure and search of cell phone records revealing the location and movements of a cell phone user over the course of 127 days violates the Fourth Amendment.
• Collins v. Virginia A case in which the Court will decide whether the Fourth Amendment's automobile exception permits a police officer without a warrant to enter private property in order to search a vehicle parked a few feet from the house.
• Epic Systems Corp. v. Lewis A case in which the Court will decide whether the National Labor Relations Act prohibits enforcement of an agreement requiring employees to resolve disputes with the employer through individual arbitration under the Federal Arbitration Act.
• Gill v. Whitford
A case in which the Court will decide whether partisan gerrymandering claims are justiciable, and whether the district court erred in striking down Wisconsin’s redistricting plan as an unconstitutional partisan gerrymander.
• Janus v. American Federation of State, County, and Municipal Employees, Council 31
A case in which the Court will decide whether to overturn its prior decision in Abood v. Detroit Board of Education, where it held that public employees who do not belong to a union can be required to pay a fee to cover the union’s costs to negotiate a contract that applies to all public employees, including those who are not union members.
• Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
A case in which the Court will determine whether the application of Colorado's public accommodations law to compel a cake maker to design and make a cake that violates his sincerely held religious beliefs about marriage violates the Free Speech or Free Exercise Clauses of the First Amendment.
• Trump v. Hawaii
A case in which the Court will decide whether President Donald Trump’s Proclamation restricting travel and immigration to the US from certain countries (“travel ban”) violates the president’s statutory authority or the Establishment Clause of the Constitution, and also whether a global injunction barring enforcement of parts of the Proclamation is impermissibly overbroad.