While hundreds of people protested outside, inside the justices considered whether President Obama has the authority to adopt a deferred action immigration plan that could provide temporary work authorization for more than 4 million immigrants that entered the country illegally.
Prior to oral arguments the next day, there was a shocking sight in the hallowed Supreme Court chamber: cell phones (gasp)!
A group of hearing-impaired attorneys used the devices while being admitted to the Supreme Court bar. Chief Justice John G. Roberts Jr. even learned a bit of Sign language for the occasion.
That group was also treated to oral argument over whether tribal court convictions can be used for federal sentencing enhancements in United States v. Bryant, No. 15-420.
That same day the justices considered a case that could broaden the scope of the False Claims Act, Universal Health Services v. United States ex rel. Escobar, No. 15-7.
At issue is whether the so-called implied certification theory—allowing liability for regulatory noncompliance—is valid under the FCA. Read Bloomberg BNA’s False Claims Act reporter (we cover EVERYTHING legal) Eric Toper’s take here (subscription required).
The next day, the justices considered Birchfield v. North Dakota, No. 14-1468,which was a painful experience to watch. The case asks if states can impose criminal penalties over drivers’ refusal to take blood or breathalyzer tests.
Finally, things calmed down for Encino Motorcars v. Navarro, No. 15-415, asking if certain car dealership employees are exempt from the Fair Labor Standards Act’s overtime requirements (I don’t know how the justices were able to contain themselves on this one).
That’s all for oral argument this week. Check back next week for the term’s last week of oral arguments, where the U.S. Solicitor General’s office will once again participate in every argument.
As always, you can stay on top of all the latest Supreme Court news with a free trial to United States Law Week.
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