Last month, the Supreme Court issued several significant rulings. These include upholding the constitutionality of the Consumer Financial Protection Bureau’s funding structure, deciding that courts must determine which contract governs when there are conflicting forum selection and arbitration clauses, and ruling that public officials cannot use their positions to punish or suppress speech they oppose. The following decision alerts offer analysis and practical takeaways. Click the links below to read more about each decision.
Decision Alert: Supreme Court Unanimously Holds Public Officials Cannot Use Their Positions To Punish or Suppress Those Advocating for Positions They Disagree With
The Supreme Court unanimously held in National Rifle Association of America. v. Vullo, that the NRA’s allegations that state officials coerced private companies to blacklist the group because of its political views stated a claim under the First Amendment. Justice Sotomayor authored the opinion. Read the full synopsis here.
Decision Alert: Supreme Court Upholds Constitutionality of CFPB’s Funding Structure
In Consumer Fin. Protection Bureau v. Cmty. Fin. Services Assn. of Am., the Court held that the funding mechanism for the Consumer Financial Protection Bureau (CFPB) in 12 U.S.C. § 5497 satisfies the Constitution’s Appropriations Clause. Read the full synopsis here.
Decision Alert: Supreme Court Unanimously Holds Courts Will Decide Which Contract Governs When There Are Conflicting Forum Selection and Arbitration Clauses
The Supreme Court unanimously held in Coinbase Inc. v. Suski that when parties enter into two contracts—one requiring an arbitrator to decide the arbitrability of the dispute and the other giving a court the jurisdiction to decide controversies—the decision of which contract will govern will be decided by the courts. Justice Jackson authored the opinion. Read the full synopsis here.
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