Senate Secrecy: Can the Votes of Senators on President Trump’s Impeachment be Withheld from the Voting Public?

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois law dean Vikram David Amar and professor Jason Mazzone evaluate the suggestion made by some that the votes of senators on President Trump’s impeachment can and should be private. Amar and Mazzone argue that while the text of the Constitution alone does not foreclose secrecy, structural, prudential, and logistical considerations strongly disfavor a secret vote on the matter.

Read More

Catamaran Corp. v. Towncrest Pharmacy

Docket: 17-3501

Opinion Date: January 10, 2020

Judge: Bobby E. Shepherd

Areas of Law: Arbitration & Mediation

On remand from the district court, the Eighth Circuit affirmed the district court's grant of Catamaran's motion for summary judgment. Pursuant to recent Supreme Court precedent in Lamps Plus, Inc. v. Varela, 139 S. Ct. 1407, 1416-17 (2019), an ambiguous agreement cannot provide the necessary contractual basis to conclude that the parties agreed to class arbitration. Therefore, the court must determine whether there is an affirmative contractual basis to conclude that the parties agreed to class arbitration. The court held that there was no contractual basis to conclude that the parties agreed to class arbitration. In this case, the agreements were not inconsistent with individual arbitration and do not support the conclusion that the parties intended class arbitration and believed that intent was so evident from the terms of the written agreements that it was unnecessary to express that intent within the agreements themselves.

United States v. Bettis

Docket: 18-2407

Opinion Date: January 10, 2020

Judge: Kobes

Areas of Law: Criminal Law

The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress nearly 2000 grams of heroin found in a rental car defendant was driving. The court held that, even if a strawman eliminated Fourth Amendment standing, the evidence here does not establish a strawman situation and the court's precedent holds that an unauthorized and unlicensed driver may challenge a search of a rental car operated with the renter’s permission. Therefore, defendant had standing to challenge the search of the vehicle. The court also held that, as the encounter with defendant unfolded, officers developed additional evidence indicating deception and criminal conduct. Therefore, the officers had probable cause to seize the vehicle and continue the search.

United States v. Watters

Docket: 18-2237

Opinion Date: January 10, 2020

Judge: Melloy

Areas of Law: Criminal Law

The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to distributing child pornography. The district court imposed a sentence at the bottom of the advisory guidelines range, 262 months, but ordered the sentence to run consecutive to the remaining portion of an earlier-imposed, 60-month, revocation-of-supervised-release sentence under 18 U.S.C. 3583(k). After the Supreme Court held that section 3583(k) was unconstitutional in United States v. Haymond, 139 S. Ct. 2369 (2019), the court ordered supplemental briefing. The court held that even if Haymond abrogated the court's double jeopardy precedent, any error in this case was not plain. The court also held that defendant's sentence was not substantively unreasonable where the district court considered the 18 U.S.C. 3553(a) factors and sufficiently explained its reasons for imposing a within-guidelines sentence.

International Union v. Trane U.S. Inc.

Docket: 18-3110

Opinion Date: January 10, 2020

Judge: James B. Loken

Areas of Law: Labor & Employment Law

The union appealed the district court's order denying the union's motion to compel arbitration of the grievances regarding early retirement benefits for employees terminated as the result of a plant closing. Applying de novo review, the Eighth Circuit held that the grievance, on its face, stated a claim that Trane violated a specific provision of the collective bargaining agreement (CBA) by not providing a bargained-for benefit, a benefit Trane reconfirmed in the Memorandum of Agreement. The court held that this grievance involved the interpretation of the CBA and was therefore arbitrable. Accordingly, the court reversed the district court's judgment as to the bridge grievance. However, the court affirmed the order denying the union's motion to compel arbitration of the temporary pension supplement benefit grievance, holding that it was not arbitrable because it was governed by the Employee Retirement Income Security Act, rather than the Labor Management Relations Act or the CBA. The panel remanded for further proceedings.