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.
This week, the Justices heard oral argument in what is likely the most explosive case of the term: June Medical Services LLC v. Russo, a challenge to a Louisiana law that requires physicians who perform abortions to have “admitting privileges” at area hospitals. Another high-profile case that was argued this week is Seila Law, LLC v. Consumer Financial Protection Bureau, the constitutional challenge to the structure of the CFPB. Next, the Court decided Kansas v. Garcia, a case that asked whether the Immigration Reform and Control Act of 1986 preempts certain Kansas identity-theft statutes (the answer is no). More nuggets came in the Court’s cert grant in California v. Texas, the latest lawsuit against the Affordable Care Act’s “individual mandate”; and from a statement by Justice Gorsuch following Monday’s orders list. Here’s another packed summary of the Supreme Court’s proceedings for the week of March 2.