Bench Memos

This Week at the Supreme Court

If brevity is the soul of wit, then this week’s Supreme Court’s oral arguments ought to be brilliant. Wednesday’s legal holiday means that the Court will only hold arguments on Monday and Tuesday of this week. (Also, in case you missed it: Last Friday the Supreme Court granted cert in cases challenging the Obamacare contraceptive mandate, including Little Sisters of the Poor v. Burwell.)

This morning the Court will hear argument about the meaning of “equitable relief” under the Employee Retirement and Income Security Act (ERISA) in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan

Tomorrow the Court will hear a very interesting case about certification of class action lawsuits and damages calculations in Tyson Foods, Inc. v. Peg Bouaphakeo. After that, the Court will turn to Luis v. United States, which asks whether pretrial restraint of a defendant’s assets, though they be legitimately obtained and untainted by a criminal offense, violates the Fifth and Sixth Amendments when they are needed to retain the defendant’s counsel of choice. This last case should be particularly interesting for those interested in civil asset forfeiture. 

This post has been updated.

Jonathan KeimJonathan Keim is Counsel for the Judicial Crisis Network. A native of Peoria, Illinois, he is a graduate of Georgetown University Law Center and Princeton University, an experienced litigator, and ...


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