This week was relatively quiet, especially as the Court nears the end of its term. The Justices decided just two cases: Liu v. SEC (an arcane securities law case) and DHS v. Thuraissigiam (challenging asylum denials in court). They didn’t grant any new cases. Court-watchers enjoyed a brief lull after the tumultuous Title VII and DACA decisions last week, but that lull won’t last long. We’re the unguarded tree in the photo above, facing an impending deluge of 13 major decisions to be handed down over the next few weeks. So as we await the Court’s decisions in matters concerning abortion, Trump’s tax returns, religious liberty, Obamacare, free speech, and the Electoral College (among others), there’s just one thing to say: I hope you enjoyed the calm before the storm.
This week, the Supreme Court decided five cases. In Financial Oversight & Mgmt. Bd. for Puerto Rico v. Aurelius Investment, it held that appointments to the board overseeing Puerto Rico’s financial recovery were constitutional. In Banister v. Davis, it concluded that a defendant’s motion under Rule 59(e) of the Federal Rules of Civil Procedure does not count as a “second or successive” habeas petition. In Nasrallah v. Barr, it determined that 8 U.S.C. §1252(a)(2)(C) does not cabin federal appellate courts’ jurisdiction over factual challenges to a finding of removal under the Convention Against Torture. In Thole v. U.S. Bank, it ruled that a certain participant in U.S. Bank’s defined-benefit pension plan lacks standing to sue U.S. Bank for fiduciary misconduct. And in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, the Court held that the New York Convention does not conflict with equitable estoppel doctrines permitting a nonsignatory to compel arbitration. Here’s your recap of this past week at the Supreme Court.