Insights From 2017-2018 High Court Term And What's Ahead

Law360 (December 4, 2018, 5:07 PM EST) -- For the second year in a row, the U.S. Supreme Court embarks on a new term with a new justice. The addition of Justice Brett Kavanaugh following one of the most contentious confirmation processes of recent memory, and the retirement of perceived centrist Justice Anthony Kennedy, has left many court watchers with a greater sense of uncertainty than previous personnel changes at the court. So have a pair of recent decisions overturning long-standing precedent on union shop fees and limits on the collection of taxes on out-of-state sales.

Many expect the new conservative majority to track rightward, while others wonder if...

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