Supreme Court to hear personal jurisdiction, contraceptive coverage, elector fine cases News
Photo credit: Stephanie Sundier
Supreme Court to hear personal jurisdiction, contraceptive coverage, elector fine cases

The United States Supreme Court released orders on Friday that granted certiorari for six new cases, consolidating them into three hours of upcoming oral arguments.

The first case, which consolidates Ford Motor Co. v. Montana Eighth District Court and Ford Motor Co. v. Bandemer, presents  a question about personal jurisdiction. The Due Process Clause permits a state court to exercise specific personal jurisdiction over a nonresident defendant only when the plaintiff’s claim “arise out of or relate to” the defendant’s forum activities. The question presented to the Court is whether the “arise out of or relate to” requirement is met when none of the defendant’s forum contacts caused the plaintiff’s claims. In this circumstance, the plaintiff’s claims would be the same even if the defendant had no forum contacts. The Minnesota and Montana Supreme Courts took opposite stances in their treatment of personal jurisdiction.

The second case, which consolidates Little Sisters of the Poor v. Pennsylvania and Trump v. Pennsylvania, concerns health care, contraceptive coverage, and the Religious Freedom Restoration Act (RFRA). The Patient Protection and Affordable Care Act requires many groups to provide preventative services without cost sharing. Since 2013, though, the Supreme Court has protected religious non-profits from facing large fines for not providing contraceptive services. Despite this, the Court has never expressed any definitive views on the merits of RFRA claims. This raises the question of whether religious objectors are lawfully exempted from the requirement to provide health plans that include contraceptive services.

The third case, which consolidates Chiafalo v. Washington and Colorado Department of State v. Baca, questions the constitutionality of laws that threaten fines for presidential electors who vote contrary to how the law directs. The petitioners argue that penalizing an actor for exercising their constitutional discretion to vote violates the First Amendment. The Supreme Court of Washington held in Chiafalo v. Washington that the fine imposed fell within the authority granted to the states through Article II, section 1 of the United States Constitution. The United States Court of Appeals for the Tenth Circuit held that the state of Colorado had interfered with a Colorado elector’s exercise of their right by removing them and nullifying their vote after they failed to vote for the winner of the popular vote.