I'm Elizabeth Lattery and I'm Tiffany Bates.

And welcome to SCOTUS 101 where we break down what's happening at the Supreme Court,

what the justices are up to, and other things related to our favorite branch of government.

This week we're talking about an epic new Supreme Court case, new grants,

and we'll interview Supreme Court All-Star Cannon- Shamugam.

The Supreme Court issued two new opinions this week, so I think they have about 30 left to go before the term is over.

And both opinions were written by Justice Gorsuch.

First up is Epic Systems Corporation versus Lewis, which was decided 5'4.

This case involves class action suits brought by employees who claim that their employers

failed to provide adequate overtime pay. The issue is whether employees may pursue class action

or collective litigation against an employer when they have a contract providing for

individualized arbitration. The court held that the Federal Arbitration Act requires arbitration

agreements providing for individualized proceedings must be enforced.

By way of background, Congress passed the Arbitration Act in 1925, saying that agreements to arbitrate disputes are valid, irrevocable, and enforceable.

Writing for the majority, Justice Gorsuch explained that Congress enacted the

Arbitration Act in response to, quote, a perception that courts were unduly hostile to arbitration,

and in instructing courts to enforce these agreements, Congress, quote, specifically directed

courts to respect and enforce the party's chosen arbitration procedures. But the employees in this

case argue that the National Labor Relations Act, which was passed in 1935, changed this. Now, the NLRA allows

employees to work together for mutual aid and protection. Justice Gorsuch explained in his opinion

that the NLRA focuses on the right to organize unions and bargain

collectively. He said, it does not even hint at a wish to displace the Arbitration Act, let alone

...