FS Credit v. Saba · 15 U.S.C. § 80a-46(b) · no private rescission · 6-3 · Jun 11 ⚖ Keathley v. Buddy Ayers · judicial estoppel · totality · 9-0 ⚖ Abouammo v. U.S. · 18 U.S.C. § 1519 · venue · 9-0 ⚖ Clark v. Mississippi · cert denied · Sotomayor statement · Jun 8 ⚖ FISA Title VII extension · House failed · 198-218 · Jun 11 ⚖ S.2 Secure America Act · House 214-212 · Jun 9 ⚖ H.R.8428 fraud training · House 393-0 · Jun 8 ⚖ 20-state AG suit · EO 14398 contractor terms · Jun 10 ⚖ FS Credit v. Saba · 15 U.S.C. § 80a-46(b) · no private rescission · 6-3 · Jun 11 ⚖ Keathley v. Buddy Ayers · judicial estoppel · totality · 9-0 ⚖ Abouammo v. U.S. · 18 U.S.C. § 1519 · venue · 9-0 ⚖ Clark v. Mississippi · cert denied · Sotomayor statement · Jun 8 ⚖ FISA Title VII extension · House failed · 198-218 · Jun 11 ⚖ S.2 Secure America Act · House 214-212 · Jun 9 ⚖ H.R.8428 fraud training · House 393-0 · Jun 8 ⚖ 20-state AG suit · EO 14398 contractor terms · Jun 10 ⚖

June 8–14, 2026 · October Term 2025 · final decision weeks · early summer

6–3

No Private Rescission

FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. · No. 24-345

On the term's penultimate merits Thursday, Justice Amy Coney Barrett held 6-3 that 15 U.S.C. § 80a-46(b) does not impliedly empower activist shareholders to sue closed-end funds for rescission of contracts that allegedly violate the Investment Company Act. The SEC remains the ICA's primary enforcer; private parties may enforce only two expressly designated provisions — not every statutory violation through contract rescission.

Sources: Supreme Court — No. 24-345, June 11, 2026 · SCOTUSblog — June 11 opinions

Six justices close the rescission door

Barrett's majority rejected Saba's reading of Section 47(b) as a private enforcement shortcut for closed-end fund governance disputes.

6–3 · Barrett, J., majority · Jackson, J., dissent (Sotomayor, J., join; Kagan, J., join in part) · Kagan, J., dissent

Source: LII — No. 24-345 slip opinion

“The majority reads the Investment Company Act as if Congress wanted the SEC to police fund governance — but wanted no one else to help.”

— Justice Ketanji Brown Jackson, dissenting in FS Credit v. Saba

Jackson argued that Section 47(b)'s text — a court "may not deny rescission" of violative contracts "at the instance of any party" — naturally encompasses private suits. The majority countered that the provision addresses judicial discretion in SEC enforcement actions, not a freestanding private cause of action.

Source: No. 24-345, Jackson, J., dissenting

Bankruptcy · judicial estoppel

Keathley v. Buddy Ayers Construction

9–0 · Jackson, J.

Thomas Keathley filed Chapter 13 bankruptcy, then pursued a personal-injury suit without initially disclosing the claim. The Fifth Circuit applied a rigid rule: if a debtor knew the facts and had a hypothetical motive to conceal, the omission was conclusive — barring the later lawsuit.

Justice Ketanji Brown Jackson vacated and remanded unanimously. Courts must evaluate the totality of the circumstances to determine whether a debtor's omission was inadvertent or mistaken — not apply a conclusive knowledge-and-motive test. Justice Thomas, joined by Justice Gorsuch, concurred to question judicial estoppel's foundations; Justice Sotomayor concurred separately on bankruptcy-specific concerns.

Source: SCOTUSblog — Keathley, June 11

Abouammo v. United States

18 U.S.C. § 1519 · 9–0 · Kagan, J.

W.D. Wash.

Trial proper — where Abouammo created a fake invoice during an FBI interview at his Seattle home

N.D. Cal.

Rejected — Ninth Circuit had allowed prosecution where the investigation was located

A defendant charged with knowingly falsifying a document to obstruct a federal investigation must be tried where the falsification occurred — not where investigators happened to be based. The Court reversed Abouammo's conviction; the former Twitter employee had provided confidential user data to a Saudi official and fabricated an invoice when FBI agents interviewed him in Washington state.

Source: Supreme Court — No. 25-5146

Certiorari denied · June 8

Clark v. Mississippi

The Court declined to hear Tony Terrell Clark's capital appeal challenging jury selection and ineffective assistance of counsel. Justice Sonia Sotomayor agreed with denial but wrote separately to criticize Mississippi's Batson prejudice standard — requiring a defendant to show not only that counsel botched a racial-bias challenge, but that he would have been acquitted had Black jurors been seated.

Sotomayor called that standard "almost certainly wrong" under Strickland v. Washington, noting Clark's trial featured Black jurors struck at five times the rate of white jurors. She urged the Court to resolve the circuit conflict in a future case.

Source: LII — No. 25-6846, Sotomayor, J., statement

Shadow docket · capital punishment

Alabama nitrogen execution blocked

On June 11, the Supreme Court declined Alabama's emergency request to proceed with Jeffery Lee's execution by nitrogen hypoxia after lower courts found the method "likely unconstitutional." Three justices — Thomas, Alito, and Gorsuch — noted they would have granted the state's application.

3 noted dissent · unsigned order · ~9 p.m. EDT

Source: SCOTUSblog — Alabama nitrogen application, June 11

0 — 0

FISA Title VII extension fails House

Roll Call 221 · June 11, 2026 · 2/3 required

The House fell short of the supermajority needed to extend Section 702-style surveillance authorities under Title VII of the Foreign Intelligence Surveillance Act. The vote split along party lines: 190 Republicans and 7 Democrats in favor; 199 Democrats and 19 Republicans opposed.

Source: Office of the Clerk — Roll Call 221

Legislative tracker

S.2 — Secure America Act

214 aye 212 no

The House passed the Secure America Act 214-212 on June 9 — a party-line vote with every Republican in favor and all but one Democrat opposed. The bill now heads to conference as part of a broader national-security legislative package.

Source: Office of the Clerk — Roll Call 214

0 Democrats

H.R.5408

Faster Labor Contracts Act

230–193 · June 9

0 Republicans

A rare cross-party coalition: 210 Democrats and 20 Republicans backed the bill to accelerate federal labor-contract negotiations. The measure passed the House and awaits Senate action.

Source: Office of the Clerk — Roll Call 216

Bipartisan moment

0

0

H.R.8428 — Federal Fraud Prevention Workforce Training Act

The House passed fraud-prevention workforce training legislation without a single dissenting vote on June 8 — 393-0 under suspension of the rules. Every voting Republican and Democrat supported the measure.

Source: Office of the Clerk — Roll Call 209

Before

Agencies disburse federal assistance payments; fraud recovery happens after the fact through audits and clawbacks.

After H.R.8464

Agencies may pause, condition, or segment disbursements when Treasury's Do Not Pay system flags elevated fraud risk — before money leaves the government.

Stopping Fraudulent Payments Act · 218–200

Roll Call 220 · June 10, 2026 · House passage

Source: GovTrack — H.R.8464 vote

Twenty states challenge contractor DEI terms

Sources: Cal. AG — June 10 complaint · Md. AG — coalition filing

NLRB · successor employer

Parking Systems, Inc. · 374 NLRB No. 123

  1. 1 Classic Valet Parking operates unionized attendants at Stony Brook University Hospital.
  2. 2 Parking Systems Plus wins a competitive contract — declines to hire Classic's ~35 union workers.
  3. 3 Board finds discriminatory refusal to hire under Wright Line; successorship triggers Burns bargaining obligation.
  4. 4 Unilateral wage and PTO changes violate § 8(a)(5); company ordered to recognize RWDSU Local 1102.

Source: NLRB Edge — published decision, June 12

The Week Ahead

Federal legal calendar · June 15–21, 2026

SCOTUS order list

Regular conference-issued orders expected; term enters its final opinion-release window before late-June recess.

Opinion day (possible)

Remaining argued cases from October Term 2025 — including immigration, gun, and agency-removal disputes — may issue before term's end.

Senate floor

H.R.8464 (Stopping Fraudulent Payments) and H.R.8428 (fraud training) await Senate consideration after House passage.

FAR comment deadline

Paperwork Reduction Act comment period closes on EO 14398 contractor reporting requirements — 91 Fed. Reg. 24544.

Federal holiday

Juneteenth National Independence Day — courts and most federal agencies closed; filing deadlines may shift.

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