Friday, September 19, 2008

Labor Law : Supreme Court Reverses Ninth Circuit; Chamber of Commerce of U.S. v Brown, 128 S.Ct. 2408 (2008)

During its last term, the Supreme Court reversed the Ninth Circuit in twenty out of twenty two cases. Included in this list the Court decided Chamber of Commerce of U.S v. Brown, 128 S.Ct. 2408 (2008), a decision interpreting a California statute clearly favoring labor by forbidding employers to enage in any non union activity if they accepted grants in excess of $10,000. The Ninth Circuit cast aside all objections to this one sided statute, and the Chamber appealed. The Supreme Court reversed in this language: "The Court of Appeals' judgment reversing the summary judgment entered for the Chamber of Commerce is reversed and the case is remanded for further proceedings consistent with this opinion." On remand to the Ninth Circuit, here is its order: "This case was remanded to us from the United States Supreme Court (citation omitted). In light of the Supreme Court's decision we vacate our opinion . . ." The Supreme Court did not just "remand" the case. The Court "reversed" and remanded. You would never know that by reading the Ninth Circuit interpretation of the Supreme Court order.

No comments:

Post a Comment