Supremes close season with one decision, two arguments

Oral argument season is officially over at the U.S. Supreme Court, as the justices heard arguments in two cases involving ERISA judicial review and the burden-shifting scheme in disparate impact ADEA claims – the last cases scheduled for oral arguement until October.

Justice Antonin Scalia announced the Court’s decision only decision of the day: Virginia v. Moore. The Court unanimously held that police have the right to make a probable cause arrest and conduct a search incident to that arrest, even where the arrest came after a police stop that was impermissible under state law.

“A search and seizure may be constitutionally permissible, even when the state prohibits it,” Scalia said from the bench this morning.

Despite the fact that Scalia seemed to be a champion for the defense bar in yesterday’s oral arguments, it is not surprising that he was selected by chief Justice John Roberts to write Moore, or that he sided so strongly on the side of police, given how much fun he had with the case during oral arguments.

More on the cases argued today – Metlife v. Glenn and Meacham v. Knolls Atomic Power Lab – tomorrow on Lawyers USA’s website.


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