The U.S. Supreme Court’s most recent term was one for the history books. With Obamacare, lethal injection, air pollution, gerrymandering, the Confederate battle flag, and (of course) same-sex marriage all on its docket, the court seemed to take a swing at many of the most divisive social and political issues of our day. In retrospect, though, perhaps we should remember the term more for what didn’t happen than what did. Obamacare wasn’t gutted; lethal injection wasn’t prohibited; and tens of thousands of gay and lesbian couples didn’t have their existing marriages invalidated. In its highest profile cases, then, the court seems to have made a concerted effort not to rock the boat.
The labor and employment cases of the past term were no exception. Historically speaking, this term was a quieter one for labor and employment law. (By way of comparison, in the previous term, Hobby Lobby exempted religious employers from the contraception mandate; Harris v. Quinn raised serious doubts about union “fair share” fees; and Noel Canning nullified scores of National Labor Relations Board rulings.) Still, in the labor and employment cases that deserve the most attention, the theme of stability prevailed.
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