Pro-Gun Justices Announce Their Agenda While the Supreme Court Bides It Time on Gun Rights

AUSTIN SARAT

Austin Sarat—Associate Provost, Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—comments on yesterday’s decision by the U.S. Supreme Court deferring deciding on a Second Amendment issue presented by a New York City law that prohibited gun owners from transporting their guns out of the city. Sarat points out that the issue that divided the Court’s conservative justices in this case was not whether to radically expand the protections of the Second Amendment, but when and how to do so.

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Bayles v. Evans

Dockets: 18-0871, 18-0876

Opinion Date: April 24, 2020

Judge: Hutchison

Areas of Law: Arbitration & Mediation, Contracts

In this case involving an order compelling Plaintiff to arbitrate her dispute with an investment firm the Supreme Court reversed the circuit court's order to the extent that it included language that invaded the province of the arbitrator but otherwise affirmed the order dismissing Plaintiff's suit and compelling her to arbitrate. Plaintiff's deceased husband created two accounts with an investment firm, and the documents he signed required the arbitration of any account disputes. After the investment company paid the proceeds of both accounts to two other individuals, Plaintiff brought this suit, asserting her right to the proceeds of the accounts. The circuit court concluded that Plaintiff was required to comply with the arbitration agreements even though she was a nonsignatory. The Supreme Court affirmed in part and reversed in part, holding (1) the circuit court properly determined that Plaintiff was required to arbitrate her claims to the proceeds of both accounts; but (2) the circuit court erred in including improper language in its order that exceeded the court's authority.

State ex rel., Frazier v. Honorable Thompson

Dockets: 19-0754, 19-0755

Opinion Date: April 24, 2020

Judge: Jenkins

Areas of Law: Government & Administrative Law

In these two consolidated cases, the Supreme Court granted as moulded a requested writ of prohibition in Case Number 19-0754 and granted the requested writ of prohibition in Case Number 19-0755, holding that the circuit court erred by not complying with the statutory procedure prescribed for granting a stay of an administrative revocation of a driver's license to operate a motor vehicle. The circuit court stayed the administrative revocation of Respondents' driver's licenses while their appeals from the revocation rulings were pending in the circuit court. The Commissioner of the West Virginia Division of Motor Vehicles requested a writ of prohibition to prevent the circuit court from enforcing the orders, arguing that the circuit court failed to comply with the requisite statutory procedure for the issuance of a stay set forth in W. Va. Code 17C-5A-2(s). Recognizing the different procedural postures of the two matters, the Supreme Court granted as moulded the requested writ of prohibition in one case and granted the requested writ as to the other case, holding that the circuit court erred by disregarding the plain and mandatory statutory language of section 17C-5A-2(s) in staying an administrative revocation of a driver's license.