UNIVERSITY PARK, Pa. — The Supreme Court of the United States issued an opinion June 6 in the case Southwest Airlines Co. v. Saxon that was in agreement with an amicus brief filed by the Penn State Law in University Park Civil Rights Appellate Clinic.
“It was so rewarding to see this group of clinic students dive so quickly and deeply into this very complex issue under the Federal Arbitration Act and craft the brief that was filed with the Supreme Court,” said Michael Foreman, director of the clinic and clinical professor of law. “It was doubly rewarding to read Justice [Clarence] Thomas’ opinion, written for a unanimous court, that analyzed the issue consistent with the brief the clinic filed. It is an important win for Ms. Saxon and similar cargo loaders, and for all transportation workers.”
The brief, written on behalf of the National Employment Lawyers Association, supported Latrice Saxon in her lawsuit against Southwest Airlines. The clinic argued airline cargo loaders are not subject to the Federal Arbitration Act, because that class of workers falls under an exemption in the statute.
In the court’s opinion, Thomas wrote, “The question presented is whether, under §1 of the Federal Arbitration Act, she belongs to a ‘class of workers engaged in foreign or interstate commerce’ that is exempted from the Act’s coverage. We hold that she does.” The full opinion can be read here.
“Working on this Supreme Court brief was a challenging experience, requiring meticulous drafting and editing, long hours, and extensive research,” noted Cara Joy Skelley, who graduated in May. Despite the challenge, Skelley characterized the experience as “one that I will take with me in every future work experience and cherish.”
Fellow May 2022 juris doctor graduate Kaitlin Briggs agreed the experience was both challenging and rewarding.
“I’m really proud of our work, and I think we deserve to be proud — most attorneys don’t get an opportunity to file in the Supreme Court, but a group of ‘almost attorneys’ put together a strong, compelling brief for the highest court in the country,” Briggs said. “I think that’s pretty incredible.”
Though the issues were complex, students were engaged and invested in the cause from start to finish. Clinic students involved on the case were Briggs, Simon Cao, Halle Finegold, Mikaela Koski, Conor O’Donnell, Skelley, and Haley Walker.
The Civil Rights Appellate Clinic is one of 10 legal clinics available to Penn State Law in University Park students. The clinic provides intensive training in appellate advocacy by involving students in noncriminal civil rights cases before state appellate courts, federal courts of appeal, and the Supreme Court of the United States. Students conduct research, draft briefs, assist in case selection, develop substantive legal positions, and plan appellate strategy.
The clinic’s brief in Southwest Airlines Co. v. Saxon can be found under Supreme Court docket number 21-309.