Supreme Court Cases To Watch

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Lawyers from across the firm are discussing issues ranging from cybersecurity, antitrust and intellectual property to the impact of both Brexit and the upcoming presidential election on the energy industry. Read our recent publications, including articles from a previous alert series published earlier this year.

A. Overview of Term

The Supreme Court began its new term on Monday, October 3, with only eight justices instead of the full complement of nine. One apparent effect of the vacancy caused by the death of Justice Antonin Scalia is a smaller docket. As of October 11, there were 45 cases on the Court's docket (to be heard in 40 oral arguments). By comparison, at the beginning of the 2015, 2014, and 2013 terms, the Court had accepted 45, 49, and 54 cases, respectively.¹ Another effect of the presence of only eight justices appears to be greater