Federal Judiciary

Worker rights arbitration upheld

By Akin Gump Supreme Court Practice Group

Dividing 5-4, the Supreme Court ruled on Wednesday that courts must enforce a labor contract that requires workers to take to arbitration, not to court, their claims of age bias in the workplace.  Justice Clarence Thomas wrote the majority opinion in 14 Penn Plaza v. Pyett, et al. (07-581).

In a second ruling, the Court ruled by a 6-3 vote that the Environmental Protection Agency has the authority to compare costs and benefits when it decides what technology to require for structures that affect river and stream flows — in this case, structures to draw in cooling water for a utility power plant. Justice Antonin Scalia wrote for the majority in Entergy Corp. v. EPA (07-588), and two companion cases. Although Justice Stephen G. Breyer joined in the costs-benefits conclusion, he filed a partial dissent.

In the final ruling of the day, the Court, over two Justices’ partial dissents, ruled that a 2005 federal law providing free defense lawyers for individuals facing a possible death sentence allows such a lawyer to seek clemency for the client from state officials. Justice John Paul Stevens wrote for the majority in Harbison v. Bell (07-8521). Justice Scalia filed a partial dissent, joined by Justice Samuel A. Alito, Jr.

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