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The Supreme Court’s 2012–2013 Term

Restrictions on Court Access Just “Too Darn Bad”

By Jane Perkins, Gill Deford, Gary F. Smith & Mona Tawatao

Government surveillance and same-sex marriage led off the high-profile federal court access cases that the U.S. Supreme Court decided last Term, but the Court decided many other access cases as well, ruling on issues such as sovereign immunity, arbitration, deference, and preemption. The last attracted particular attention from the Court, which handed down seven noteworthy preemption decisions; most of these, surprisingly, were unanimous. Two Title VII decisions will make proving employment discrimination more difficult for plaintiffs.

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