After several years of important employment law-related U.S. Supreme Court decisions, the current 2016–2017 session is relatively light.
Since Justice Antonin Scalia’s death in February 2016, the Supreme Court has operated with only eight members instead of the usual nine. Although the court often agrees unanimously on issues, its members are generally viewed as being split four to four along ideological lines. Because the Senate refused to hold confirmation hearings on President Obama’s nominee to replace Scalia, the court must limp along short-handed until a new justice is nominated next year.
THE LAW: When the U.S. Supreme Court declines to hear a case, the lower court ruling that is being appealed stands. Similarly, when the High Court deadlocks, the underlying decision remains intact, but has no precedential value outside the circuit where the decision was made.
WHAT’S NEW: In this environment, the cases the Supreme Cou...(register to read more)