This week we highlight petitions pending before the Supreme Court that address whether Congress abrogated state sovereign immunity through the Copyright Remedy Clarification Act and the framework for evaluating a First Amendment retaliation claim based on an employee’s association with a public-sector union.
The petitions of the week are:
Issue: Whether, and how, the Supreme Court’s two-step framework for evaluating First Amendment retaliation claims by public employees applies to a claim alleging retaliation based on an employee’s association with a public-sector union.
Issue: Whether Congress validly abrogated state sovereign immunity via the Copyright Remedy Clarification Act in providing remedies for authors of original expression whose federal copyrights are infringed by states.
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