Federal Judiciary

Today’s Opinions | 4.1.09

By Akin Gump Supreme Court Practice Group

The Court has released three opinions today.

The Court has released the opinion in 14 Penn Plaza LLC v. Pyett (07-581), on an arbitration clause in a collective bargaining agreement.  The decision below, which held for the employees, is reversed and remanded, in a 5-4 opinion by Justice Thomas, available here. Justice Stevens filed a dissenting opinion and Justice Souter filed a dissenting opinion joined by Justice Stevens, Ginsburg, and Breyer.

The Court has released the opinion in Entergy Corp. v. EPA (07-588), on the Clean Water Act and the regulation of power plant cooling structures. The decision below, which held for the EPA, is reversed and remanded in a 6-3 opinion by Justice Scalia. Justice Breyer filed an opinion concurring in part and dissenting in part and Justice Stevens filed a dissenting opinion joined by Justices Souter and Ginsburg.

The Court has released the opinion in Harbison v. Bell (07-8521), on federally funded counsel in state clemency proceedings. The decision below, which held for the state, is reversed in a 7-2 opinion by Justice Stevens, available here. The Chief Justice and Justice Thomas filed concurring opinions and Justice Scalia filed an opinion concurring in part and dissenting in part, joined by Justice Alito.

Full post as published by SCOTUSBLOG on April 01, 2009 (boomark / email).