Ross Runkel

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Waiting for SCOTUS

Expecting decisions June 15 in these three employment law cases:

Kennedy v. Bremerton School District [Briefs]: A high school football coach was fired for saying post-game prayers on the 50-yard line. Is his speech protected by the 1st amendment? If so, does the establishment clause compel the school to prohibit it?

Torres v. Texas Department of Public Safety [Briefs]: When a returning soldier sued the state of Texas claiming a USERRA violation, the Texas Court of Appeals held that USERRA’s cause of action is unconstitutional because Congress lacks the power to authorize lawsuits against nonconsenting states pursuant to its War Powers. The question presented is whether Congress has the power to authorize suits against nonconsenting states pursuant to its War Powers.

Viking River Cruises v. Moriana [Briefs]: Does the Federal Arbitration Act require enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under the California Private Attorneys General Act?

I predict wins for Kennedy, Torres, and Viking River Cruises.
UPDATE: I was right on all three.