• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Shark Tank's Kevin O'Leary says if he were 25 today, he'd chase these two booming opportunities in the world of AI

2

Even as Elon Musk calls philanthropy ‘very hard,’ everyday Americans gave a record $617 billion—despite feeling the squeeze over the cost of living

3

The stock market is about to suffer a 'snapback' and will lose much of this year's gains as 'speculation is hitting extreme levels,' BofA warns

1

Shark Tank's Kevin O'Leary says if he were 25 today, he'd chase these two booming opportunities in the world of AI

2

Even as Elon Musk calls philanthropy ‘very hard,’ everyday Americans gave a record $617 billion—despite feeling the squeeze over the cost of living

3

The stock market is about to suffer a 'snapback' and will lose much of this year's gains as 'speculation is hitting extreme levels,' BofA warns
TechSupreme Court

Supreme Court and Business: 5 Cases to Watch This Term

Jeff John Roberts
By
Jeff John Roberts
Jeff John Roberts
Editor, Finance and Crypto
Down Arrow Button Icon
Jeff John Roberts
By
Jeff John Roberts
Jeff John Roberts
Editor, Finance and Crypto
Down Arrow Button Icon
October 2, 2017, 8:42 AM ET
Add Fortune on Google for similar content.

The Supreme Court begins its new term on Monday and people are using words like “blockbuster” and “epic” to describe the upcoming series of cases. This is largely because the court will begin the term at full strength—prior to the confirmation of conservative Justice Neil Gorsuch last spring, the court had been reluctant to take hot button cases for fear of a four-four tie.

The most high profile cases in the new term include ones about cell phone privacy and the legality of partisan gerrymandering. But the Supreme Court will also make a number of divisions that will have huge implications for companies business. Below are five of the most important business cases the top court will hear in coming months. Keep in mind too the court has only filled about half its schedule—meaning more big business cases are on the way.

Do Mandatory Union Dues Violate the Constitution?

An state government worker in Illinois, Mark Janus, claims labor rules that force him to contribute to a union violate his First Amendment rights. He argues the contributions force him to support a political position with which he disagrees. The union claims there’s no First Amendment right at stake, and that ending mandatory dues collection would permit some workers to free ride on benefits obtained by collective bargaining.

The case concerns workers in public sector unions, not private companies (where mandatory collection rules are determined by state laws). But a defeat for the union in the Janus case would have enormous ripple effects by weakening the overall financial clout of organized labor. Supreme Court watchers predict the outcome doesn’t look good for labor since the top court deadlocked 4-4 on a similar case in 2016, and the conservative Gorsuch is expected to tip the balance in favor of Janus this time around.

Are Forced Arbitration Clauses Illegal in Employment Contracts?

The Supreme Court has repeatedly decreed in recent years that companies can rely on the Federal Arbitration Act to uphold contracts that require people to waive their right to sue, and instead seek redress through arbitration. While this clearly applies in the case of consumers, the National Labor Relations board has ruled that employment contracts are a different matter, and that forced arbitration clauses are an illegal labor practice because they restrict workers rights to engage in “concerted activities” for their mutual protection.

This case, which is actually three consolidated cases that also involve Ernst & Young and an energy company, will kick off the new Supreme Court this Monday.

Can a Baker Refuse His Services to a Gay Couple?

Masterpiece Cakeshop v. Colorado Civil Rights Commission is one of the very biggest cases of this blockbuster term. It turns on a Christian baker who said he would sell a cake to a gay couple planning to get married, but would not bake a special one just for them.

The case is a test of the boundaries of the First Amendment’s protections for free speech and freedom of religion. It has implications for businesses of all sorts whose owners could conceivably invoke their religious beliefs to deny gay people a wide variety of services. As The Economist notes, “If the court finds for [the baker] Mr Phillips, calligraphers, florists, photographers and tailors who reject gay marriage may earn a licence to discriminate as well.”

Can Foreigners Use U.S. Courts for Overseas Disputes? (When Does the Alien Tort Statute Apply?)

This case involves victims of terror attacks in Israel and Gaza who want to use U.S. courts to sue Jordan’s Arab Bank over its role in distributing so-called martyrdom payments. The plaintiffs are relying on a law called the Alien Tort Statute, which grants U.S. courts the right to hear civil actions brought by aliens for any violation of the “law of nations or a treaty of the United States.”

As SCOTUSBlog notes, the U.S. Chamber of Commerce and other business groups have grown alarmed at the sudden popularity of the Alien Tort Statute in recent years, and want the Supreme Court to limit its application to individual defendants, not corporations.

Is a Popular Method to Challenge Bad Patents Legal?

In response to complaints about a proliferation of low quality patents, Congress in 2011 introduced a more efficient way for defendants to challenge patents they believe are invalid. Instead of disputing the patents in federal court (a very slow and expensive process), companies now have the option to ask a panel of judges at the Patent Office to conduct a review over whether the patent should have been issued in the first place.

The review system has widespread report from a variety of industries, including tech and retail, but now some patent owners are arguing the system is not constitutional because it can deprive them of an alleged property right without a jury trial. If the plaintiffs in the case prevail, U.S. companies could suddenly become exposed to a new wave of costly patent litigation.

About the Author
Jeff John Roberts
By Jeff John RobertsEditor, Finance and Crypto
LinkedIn iconTwitter icon

Jeff John Roberts is the Finance and Crypto editor at Fortune, overseeing coverage of the blockchain and how technology is changing finance.

See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Tech

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Tech

Exclusive: Xbox’s CEO on 3,200 layoffs, four studios cut, and her blunt warning that ‘we spread ourselves too thin’
Big TechMicrosoft
Exclusive: Xbox’s CEO on 3,200 layoffs, four studios cut, and her blunt warning that ‘we spread ourselves too thin’
By Sebastian HerreraJuly 6, 2026
5 hours ago
‘Our business today is not healthy’: 1,600 Xbox employees among the 4,800 laid off by Microsoft as it looks to ‘reset’ gaming division
Big TechMicrosoft
‘Our business today is not healthy’: 1,600 Xbox employees among the 4,800 laid off by Microsoft as it looks to ‘reset’ gaming division
By The Associated PressJuly 6, 2026
6 hours ago
EasyJet’s stock shows Castlelake bid is far from a done deal
InvestingEasyJet
EasyJet’s stock shows Castlelake bid is far from a done deal
By Kate Duffy and BloombergJuly 6, 2026
9 hours ago
Torsten Slok holds his hands apart as he speaks on stage.
AIProductivity
Top economist says AI just hasn’t delivered on the productivity hype—and it means a ‘painful repricing’ of markets is very possible
By Sasha RogelbergJuly 6, 2026
10 hours ago
In this photo illustration, a Microsoft logo is displayed on a smartphone with Artificial Intelligence (AI) symbols on the background.
AICFO Daily
Microsoft’s Frontier push aims to turn AI spending into measurable returns
By Sheryl EstradaJuly 6, 2026
10 hours ago
A businesswoman uses a smartphone in modern conference room.
NewslettersFortune Workplace Innovation
The tech attention crisis has hit the workplace. One company thinks AI is the cure
By Kristin StollerJuly 6, 2026
10 hours ago

Most Popular

Shark Tank's Kevin O'Leary says if he were 25 today, he'd chase these two booming opportunities in the world of AI
AI
Shark Tank's Kevin O'Leary says if he were 25 today, he'd chase these two booming opportunities in the world of AI
By Marco Quiroz-GutierrezJuly 5, 2026
1 day ago
Even as Elon Musk calls philanthropy ‘very hard,’ everyday Americans gave a record $617 billion—despite feeling the squeeze over the cost of living
Success
Even as Elon Musk calls philanthropy ‘very hard,’ everyday Americans gave a record $617 billion—despite feeling the squeeze over the cost of living
By Preston ForeJuly 4, 2026
3 days ago
The stock market is about to suffer a 'snapback' and will lose much of this year's gains as 'speculation is hitting extreme levels,' BofA warns
Investing
The stock market is about to suffer a 'snapback' and will lose much of this year's gains as 'speculation is hitting extreme levels,' BofA warns
By Jason MaJuly 5, 2026
1 day ago
Egg companies made $1.22 billion in profit off a $6 carton — now they’re buying their way out of a price-fixing case with 53 million donated eggs
Law
Egg companies made $1.22 billion in profit off a $6 carton — now they’re buying their way out of a price-fixing case with 53 million donated eggs
By Wyatte Grantham-Philips and The Associated PressJuly 2, 2026
4 days ago
Gen Z was 'jaded about employment before we ever entered the workforce'—now psychologists say the stare has hardened into something worse
Economy
Gen Z was 'jaded about employment before we ever entered the workforce'—now psychologists say the stare has hardened into something worse
By Nick LichtenbergJuly 6, 2026
15 hours ago
Meet the Zillennials: The luckiest micro-generation in the workforce, born between 1993 and 1998
AI
Meet the Zillennials: The luckiest micro-generation in the workforce, born between 1993 and 1998
By Nick LichtenbergJuly 3, 2026
4 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.