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

Trendingnow

1

Farm groups saved Bayer in court over RoundUp cancer claims. Five days later, Bayer called for tariffs on the ingredient farmers rely on

2

Billionaire MacKenzie Scott just donated $20 million to support America’s youth mental health, as a fifth of teens struggle with suicidal thoughts

3

U.S. Treasury has borrowed $155 billion every month of this fiscal year—and is now paying $24 billion a week in interest on its debts

1

Farm groups saved Bayer in court over RoundUp cancer claims. Five days later, Bayer called for tariffs on the ingredient farmers rely on

2

Billionaire MacKenzie Scott just donated $20 million to support America’s youth mental health, as a fifth of teens struggle with suicidal thoughts

3

U.S. Treasury has borrowed $155 billion every month of this fiscal year—and is now paying $24 billion a week in interest on its debts
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

A row of people sit in a zoning meeting, many looking down or around the room.
EnvironmentData centers
Wyoming officials say Meta’s 715,000-square-foot data center is responsible for contaminating its water system with a rare bacterium
By Sasha RogelbergJuly 10, 2026
3 hours ago
Marketing’s new mandate: Why AI is forcing CMOs to think like ‘mini CEOs’ 
EuropeCMO
Marketing’s new mandate: Why AI is forcing CMOs to think like ‘mini CEOs’ 
By Sam ForsdickJuly 10, 2026
3 hours ago
In 2026 so far, U.S. VCs have deployed a record-shattering $412.7 billion. Almost none of it is trickling down.
NewslettersTerm Sheet
In 2026 so far, U.S. VCs have deployed a record-shattering $412.7 billion. Almost none of it is trickling down.
By Allie GarfinkleJuly 10, 2026
9 hours ago
Brad Smith, president of Microsoft, during a Senate hearing in Washington, D.C. on May 8, 2025. (Photo: Nathan Howard/Bloomberg/Getty Images)
NewslettersFortune Tech
The problem with U.S. AI policy
By Andrew NuscaJuly 10, 2026
9 hours ago
Werner Vogels, CTO, Amazon on stage.
AIAmazon
Companies are shifting toward cheaper open‑source AI models to rein in costs, Amazon CTO says
By Beatrice NolanJuly 10, 2026
11 hours ago
Asia’s founders are decamping to the U.S. as the region suffers a protracted venture funding slump
AsiaVenture Capital
Asia’s founders are decamping to the U.S. as the region suffers a protracted venture funding slump
By Angelica AngJuly 9, 2026
21 hours ago

Most Popular

Farm groups saved Bayer in court over RoundUp cancer claims. Five days later, Bayer called for tariffs on the ingredient farmers rely on
Economy
Farm groups saved Bayer in court over RoundUp cancer claims. Five days later, Bayer called for tariffs on the ingredient farmers rely on
By Mia OsmonbekovJuly 9, 2026
1 day ago
Billionaire MacKenzie Scott just donated $20 million to support America’s youth mental health, as a fifth of teens struggle with suicidal thoughts
Success
Billionaire MacKenzie Scott just donated $20 million to support America’s youth mental health, as a fifth of teens struggle with suicidal thoughts
By Emma BurleighJuly 9, 2026
1 day ago
U.S. Treasury has borrowed $155 billion every month of this fiscal year—and is now paying $24 billion a week in interest on its debts
Economy
U.S. Treasury has borrowed $155 billion every month of this fiscal year—and is now paying $24 billion a week in interest on its debts
By Eleanor PringleJuly 10, 2026
7 hours ago
Self-made multimillionaire says Canadians 'give no money away' compared with Americans—research shows U.S. giving is more than twice as high
Success
Self-made multimillionaire says Canadians 'give no money away' compared with Americans—research shows U.S. giving is more than twice as high
By Preston ForeJuly 9, 2026
1 day ago
Current price of oil as of July 9, 2026
Personal Finance
Current price of oil as of July 9, 2026
By Joseph HostetlerJuly 9, 2026
1 day ago
Ex-PepsiCo CEO Indra Nooyi worked from midnight until 5 a.m. as a receptionist to pay for her Yale degree—and she says ‘respect went up’ because of it
Success
Ex-PepsiCo CEO Indra Nooyi worked from midnight until 5 a.m. as a receptionist to pay for her Yale degree—and she says ‘respect went up’ because of it
By Preston ForeJuly 6, 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.