Trump Supreme Court Appointee to Affect Pending Cases

Labor News


Reprinted from The New York Times by Reuters on April 7, 2017.

Neil Gorsuch, President Donald Trump’s appointee to the U.S. Supreme Court who was confirmed by the Senate to the lifetime job on Friday in a 54-45 vote, will have an immediate impact on cases already pending before the justices.

The nine-seat court has operated with only eight justices after the death of conservative Antonin Scalia on Feb. 13, 2016, with four liberals and four conservatives. Gorsuch’s confirmation restores a 5-4 conservative majority. The new justice could cast the deciding vote in new cases before the court as well as some cases already argued during the current term that ends in June. The court could decide to hear fresh arguments in cases in which they otherwise would be split 4-4. …

Employee class-action lawsuits: Epic Systems Corp v. Lewis

A significant case for business and labor on whether companies can head off costly class-action lawsuits by forcing employees to give up their right to pursue work-related legal claims as a group in court. An issue that has divided the court in the past, this case is set to be argued in the next term, which starts in October. …

NY Times 4/7

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Jeff Burman represents assistant editors on the Guild’s Board of Directors. He can be reached at

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