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Interim Stat Pack for October Term 2019

With the 2019-2020 Supreme Court term coming to a close, the discussion among court-watchers continues to focus on Chief Justice John Roberts’ decision-making. Much has been made of his siding with the more liberal justices in striking down a Louisiana abortion law in June Medical Services LLC v. Russo and upholding the Deferred Action for Childhood Arrivals program (at least temporarily) in Department of Homeland Security v. Regents of the University of California. Roberts’ positions in these c...
Tags: Health, Featured, Supreme Court, Law, Hawaii, Louisiana, Donald Trump, Department Of Homeland Security, Ruth Bader Ginsburg, King, Trump, Thomas, Sonia Sotomayor, John Roberts, Roberts, Ginsburg

Symposium: What’s “the use” of the Constitution’s distinctive treatment of religion if it is disregarded as discrimination?

Holly Hollman is general counsel for the Baptist Joint Committee for Religious Liberty, which submitted an amicus brief in support of the respondents in Espinoza v. Montana Department of Revenue.  The Supreme Court’s decision in Espinoza  v. Montana Department of Revenue purports to be “unremarkable,” particularly in light of Trinity Lutheran v. Comer, decided just three years ago. But the multiple opinions – four for the majority and three dissenting opinions – belie that assertion and demonst...
Tags: Featured, Supreme Court, Law, Montana, Washington, Missouri, Ohio, State, Sonia Sotomayor, U S Supreme Court, John Roberts, Roberts, Locke, Stephen Breyer, Breyer, Davey

Symposium: Espinoza, funding of religious service providers, and religious freedom

Thomas Berg is the James L. Oberstar Professor of Law and Public Policy at the University of St. Thomas (Minnesota). Douglas Laycock is the Robert E. Scott Distinguished Professor of Law at the University of Virginia. They filed an amicus brief on behalf of a number of religious and school groups in support of the petitioners in Espinoza v. Montana Department of Revenue. Tuesday’s ruling in Espinoza v. Montana Department of Revenue came as no surprise. The Montana Supreme Court had invalidated a...
Tags: Featured, Supreme Court, Law, Montana, University Of Virginia, Smith, Madison, Robert, U S Supreme Court, John Roberts, Roberts, Locke, Davey, Trinity Lutheran Church, Montana Supreme Court, Zelman

Symposium: What “play in the joints” remains after Espinoza?

Grant T. Sullivan is an assistant solicitor general with the Colorado Attorney General’s office, which filed an amicus brief on behalf of nine states in support of respondents in Espinoza v. Montana Department of Revenue. The views expressed in this post are solely those of the author and should not be imputed in whole or in part to any other state or state official unless expressly endorsed by an authorized representative of the state. For state policymakers, crafting sound (and constitutional)...
Tags: Featured, Supreme Court, Law, Colorado, Montana, Washington, States, Sonia Sotomayor, William Rehnquist, Locke, Davey, Montana Supreme Court, Espinoza, Ruth Bader Ginsburg Stephen Breyer, Comer, Neil Gorsuch

Symposium: June Medical and the many faces of judicial discretion

Jane Schacter is the William Nelson Cromwell professor of law at Stanford Law School. She signed an amicus brief in support of the petitioners in June Medical Services v. Russo. The headline from the 5-4 decision in June Medical Services v. Russo striking down Louisiana’s abortion restriction is unquestionably the vote of Chief Justice John Roberts. He determined the outcome. While he may have previewed his position a year ago when he voted to stay the ruling from the U.S. Court of Appeals for t...
Tags: Health, Texas, Featured, Law, Stanford, Louisiana, King, John Roberts, Roberts, Williamson, Lochner, Alito, U S Court of Appeals, Casey, Stephen Breyer, Breyer

Symposium: The chief justice restores the Casey standard even while undermining women’s interests in Louisiana

Erika Bachiochi is a Fellow at the Ethics and Public Policy Center and a Senior Fellow at the Abigail Adams Institute. Follow her at @erikabachiochi. In comparison to the high court’s bombshell opinion in Bostock v. Clayton County earlier this month, June Medical Services v. Russo would seem relatively straightforward. The challenged admitting privileges requirement for Louisiana abortion providers is virtually the same as the law struck down in Whole Woman’s Health v. Hellerstedt just four year...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, Court, Louisiana, Ruth Bader Ginsburg, Thomas, John Roberts, Richard Posner, Roberts, Alito, Clayton County, Casey

Opinion analysis: Court strikes down restrictions on removal of CFPB director but leaves bureau in place

In response to the 2008 financial crisis, Congress created the Consumer Financial Protection Bureau, a federal agency with approximately 1,500 employees that tackles everything from payday loans to financial literacy programs and helping consumers navigate the COVID-19 pandemic. The director of the CFPB, Kathy Kraninger, was appointed by President Donald Trump and confirmed by the Senate in December 2018 to serve a five-year term. Under the law that created the CFPB, Kraninger can be removed fro...
Tags: Featured, Supreme Court, Law, Congress, California, Senate, United States, Social Security Administration, Donald Trump, Paul Clement, Federal Trade Commission, Securities And Exchange Commission, Thomas, Sonia Sotomayor, John Roberts, 9th Circuit

America Loves Ruth Bader Ginsburg, But Isn’t Too Fond Of Brett Kavanaugh Or Neil Gorsuch

People either don't like them very much or don't even know who they are.
Tags: Law, America, Courts, Ruth Bader Ginsburg, Brett Kavanaugh, Neil Gorsuch

Opinion analysis: With Roberts providing the fifth vote, court strikes down Louisiana abortion law (Updated)

Four years ago, by a vote of 5-3, the Supreme Court struck down a Texas law that (among other things) required doctors who perform abortions to have the right to admit patients at a nearby hospital. In that case, Justice Anthony Kennedy joined his four more liberal colleagues in holding that, although Texas has a genuine interest in protecting the health of pregnant women, there was no evidence that the law actually did anything to promote that interest – but it did make it more difficult for wo...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, New Orleans, Louisiana, Kennedy, Thomas, John Roberts, Roberts, Baton Rouge, District Court, Alito, U S Court of Appeals

Friday round-up

Sheryl Gay Stolberg reports for The New York Times that “[t]he Trump administration asked the Supreme Court late Thursday to overturn the Affordable Care Act — a move that, if successful, would bring a permanent end to the health insurance program popularly known as Obamacare and wipe out coverage for as many as 23 million Americans.” At ABC News, Devin Dwyer reports that “[t]he administration makes the case in a legal brief filed Thursday in” California v. Texas, “the case brought by 20 Republi...
Tags: Texas, Supreme Court, Law, California, Bloomberg, New York Times, Npr, Usa Today, Abc News, Kevin Johnson, Department Of Homeland Security, Ruth Bader Ginsburg, University Of California, ABA Journal, Trump, Round-up

Wednesday round-up

At NBC News (via How Appealing), Julie Moreau reports that last week’s decision in Bostock v. Clayton County, Georgia, in which the court held that federal employment discrimination law protects gay and transgender employees, “which was widely praised by LGBTQ advocates but condemned by social conservatives[,] will likely have broad ramifications that go far beyond employment protections.” At the Duke Center for Firearms Law’s Second Thoughts blog, Darrell Miller looks at the decision’s “implica...
Tags: Supreme Court, Law, Obama, Court, Nbc News, Bloomberg, Lgbtq, Trump, Round-up, Stephens, EEOC, Urban Institute, Rodriguez, Daily Journal, Goldstein Russell, City of San Jose

Good News From Washington, DC

We citizens in DC have been subjected to too much sad news and desolation due to the coronavirus and the violent federal response to a peaceful demonstration against police brutality. These peaceful demonstrations are continuing throughout the United States.   I was very happy that on June 15th the Supreme Court of the US decided that Title VII of the Civil Rights Act of 1964 prohibits employers from firing employees for being lesbian, homosexual, bisexual or transgender. Bostock v. Clayto...
Tags: Supreme Court, Law, US, Dhs, United States, Washington Dc, Dc, Department Of Homeland Security, Hopkins, Trump, John Roberts, DACA, Amy Howe, Legal Information, Price Waterhouse, Clayton County Georgia

Interim Stat Pack for October Term 2019

OT 2019 has turned out to be a term of unexpected twists and turns. From coronavirus and an oral argument sitting in May — instead of March and April — with remote arguments for the first time ever, to fewer decided cases than in any term since the 19th century, to Chief Justice John Roberts siding with the court’s liberals in some of the most significant decisions of the term, nothing seems to be going according to common expectations. This interim Stat Pack contains data for all decided and ar...
Tags: Featured, Law, Georgia, Department Of Homeland Security, Ruth Bader Ginsburg, University Of California, Republican National Committee, John Roberts, Roberts, Alito, Democratic National Committee, Samuel Alito, Regents, Kavanaugh, Brett Kavanaugh, Office of the Solicitor General

Monday round-up

Kristina McKibben analyzes last Thursday’s decision in Department of Homeland Security v. Regents of the University of California, in which the court held that the government’s decision to terminate the DACA program, which allowed undocumented young people brought to this country as children to apply for protection from deportation, violated the procedural requirements prescribed for administrative agencies, at Subscript Law. In an op-ed for The New York Times, Linda Greenhouse observes that “[t...
Tags: Supreme Court, Law, New York City, Court, Atlantic, House, New York Times, Fox News, Npr, Kevin Johnson, Department Of Homeland Security, University Of California, Trump, Round-up, National Review, Stephens

Opinion analysis: Court rejects Trump administration’s effort to end DACA (Updated)

It has been eight years since the Obama administration created the Deferred Action for Childhood Arrivals program, known as DACA, which allows undocumented young adults who came to the United States as children to apply for protection from deportation. In 2017, the Trump administration announced that it would end the program, which it believed had been illegal in the first place. Today, by a vote of 5-4, the Supreme Court ruled that the administration acted improperly in terminating the program,...
Tags: New York, Featured, Supreme Court, Microsoft, Law, Obama, Congress, California, Mexico, Dhs, United States, Nielsen, District Of Columbia, Donald Trump, Department Of Homeland Security, Duke

Thursday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that “[a]fter just under three years (and three Supreme Court terms) on the job, Noel Francisco announced today that he would step down as the solicitor general of the United States, effective July 3, 2020.” According to Jessica Gresko at AP, “[i]t is common for people in the job to leave in the summer, when the Supreme Court takes a break, before a presidential election.” For The Washington Post (subscription re...
Tags: Supreme Court, Law, Congress, Washington Post, Court, Bloomberg, Ap, United States, Liberty, New York Times, Philadelphia, Donald Trump, Francisco, DOE, Forest Service, Trump

Why Gorsuch’s Textualist Approach In Bostock Is Not A Trap

Many are understandably, but also perhaps mistakenly, wary that Justice Gorsuch’s textualist opinion will be used to subvert a broader protection of rights.
Tags: Law, Constitutional Law, Gorsuch, Neil Gorsuch, Bostock, Tyler Broker

Symposium: LGBT rights and religious freedom—finding a better way

Alexander Dushku and Shawn Gunnarson are shareholders at Kirton McConkie, where they represent an array of religious institutions on various matters. They were counsel of record on amicus briefs on behalf of religious organizations and religious colleges and universities in support of the employers in Bostock v. Clayton County and Harris Funeral Homes v. EEOC. It was only a matter of time before LGBT equality in the workplace became part of federal law, though savvy observers have debated whethe...
Tags: Amazon, Featured, Supreme Court, Law, Congress, Philadelphia, Smith, Amos, Fulton, EEOC, Clayton County, Samuel Alito, Church of Jesus Christ of Latter day Saints, RFRA, Gorsuch, Clayton County Georgia

Wednesday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that last night the court temporarily blocked the execution of Ruben Gutierrez, a Texas inmate who argues that the state’s refusal to allow him to have a spiritual advisor of his choosing by his side in the death chamber violates his First Amendment rights and a federal law that protects the religious rights of inmates. For (subscription required), Jess Bravin reports that “Mr. Gutierrez’s case provides the cou...
Tags: Texas, Supreme Court, Law, Washington Post, Washington, Ap, Atlantic, Liberty, Donald Trump, Forest Service, Round-up, Henry Schein, Mark Sherman, New Republic, U S Supreme Court, HARRIS

Symposium: The simplistic logic of Justice Neil Gorsuch’s account of sex discrimination

Ryan T. Anderson is the William E. Simon Senior Research Fellow at The Heritage Foundation and the John Paul II Teaching Fellow at the University of Dallas. He filed an amicus brief in support of the employers in Bostock v. Clayton County and Harris Funeral Homes v. EEOC, which he then revised into an article for the Harvard Journal of Law and Public Policy. Justice Neil Gorsuch’s majority opinion in Bostock v. Clayton County claims to apply a simple and straightforward test: “An employer violat...
Tags: Featured, Supreme Court, Law, Congress, Ruth Bader Ginsburg, Hopkins, EEOC, John Paul, Ginsburg, Clayton County, Heritage Foundation, Ryan T Anderson, Gorsuch, First Congress, Oncale, Price Waterhouse

Symposium: The Moral Arc Bends Toward Justice: Toward an Intersectional Legal Analysis of LGBTQ Rights

Nicole G. Berner is general counsel of the Service Employees International Union. Monica Jin Joo Wilk is a law fellow in the SEIU legal department. SEIU, together with Jobs with Justice and the International Brotherhood of Teamsters, submitted an amicus brief in R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC; Bostock v. Clayton County, Georgia and Altitude Express v. Zarda. Until yesterday, in more than half of the states in our country, an LGBTQ person could get married on a Sunday and risk get...
Tags: Featured, Justice, Supreme Court, Law, United States, Lgbtq, SEIU, Title VII, EEOC, Roberts Court, Service Employees International Union, Clayton County, International Brotherhood of Teamsters, Clayton County Georgia, Marsha P Johnson, Neil Gorsuch

Relist Watch: And then there was one

John Elwood reviews Monday’s relist. Whatever the opposite of “status quo watch” is, that is what we have this week. In one remarkable day, the Supreme Court denied review to the 10 relisted firearm cases (over the dissenting opinion of Justice Clarence Thomas, joined by Justice Brett Kavanaugh and, somewhat surprisingly, no one else); the nine relisted qualified immunity cases (over the dissenting opinion of Thomas, who argued that “[b]ecause our [42 U.S.C.] §1983 qualified immunity doctrine ap...
Tags: Texas, Featured, Supreme Court, Law, California, United States, Archer, Kansas, Rogers, Thomas, Alito, Andrus, Clarence Thomas, Henry Schein Inc, Samuel Alito, Texas Court of Criminal Appeals

"The administration has been working to pursue a narrow definition of sex as biologically determined at birth, and to tailor its civil rights laws to meet it."

"Access to school bathrooms would be determined by biology, not gender identity. The military would no longer be open to transgender service members. Civil rights protections would not extend to transgender people in hospitals and ambulances. But the administration’s definition is now firmly at odds with how the court views 'sex' discrimination."From "Supreme Court Expansion of Transgender Rights Undercuts Trump Restrictions/The ruling focused on employment discrimination, but legal scholars say...
Tags: Supreme Court, Law, Court, Transgender, Homosexuality, Sexual Orientation, Trump, Kavanaugh, Neil M Gorsuch, Gorsuch, Ann Althouse, Trump rhetoric, Neil Gorsuch, Trump and the law, Trump and the judiciary

Tuesday round-up

Yesterday the Supreme Court released one of its most eagerly anticipated decisions of the term, holding in Bostock v. Clayton County, Georgia and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission that federal employment discrimination law protects gay and transgender employees. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. At Reuters, Lawrence Hurley reports that “[t]he landmark 6-3 ruling represented the biggest m...
Tags: Texas, Justice, Supreme Court, Law, Congress, California, Washington Post, Virginia, Bloomberg, Cnn, United States, New Jersey, Wisconsin, Npr, Usa Today, Donald Trump

Symposium: The triumph of textualism: “Only the written word is the law”

Jonathan Skrmetti is chief deputy attorney general of the state of Tennessee, which filed an amicus brief on behalf of 15 states in support of the employers in Bostock v. Clayton County and Harris Funeral Homes v. EEOC. Justice Elena Kagan famously remarked, eulogizing her friend Justice Antonin Scalia, that “[w]e are all textualists now.”  Bostock v. Clayton County puts to rest any doubt about that sentiment. Although the 6-3 decision prompted vigorous dissents, all nine justices adopt a purely...
Tags: Featured, Supreme Court, Law, Congress, Tennessee, District Of Columbia, Antonin Scalia, Scalia, EEOC, Matthew Shepard, Alito, Clayton County, Elena Kagan, Clarence Thomas, Samuel Alito, Kavanaugh

Supreme Court ruling is like pot of gold at end of Rainbow Flag

The minute she read the headline about the U.S. Supreme Court’s landmark civil rights decision barring job discrimination against LGBT people, Peg Corley turned to her partner. “Good news, honey,” Corley, executive director of the LGBTQ Center Orange County, said on Monday morning, June 15. “The Supreme Court is taking a stand to protect our rights!” Soon, text messages started flooding Corley’s phone, adding to the euphoria felt by members of the lesbian, gay, bisexual, transgender, and queer c...
Tags: Florida, Politics, New York, News, Supreme Court, Law, Obama Administration, California, Senate, America, Los Angeles, Sport, Soccer, House, Associated Press, Lgbtq

Neil Gorsuch Lays Landmines Throughout LGBTQ Discrimination Opinion

This good result feels like an attempt to Trojan Horse in some awful stuff.
Tags: Supreme Court, Law, Courts, Lgbtq, Discrimination, LGBTQ rights, Neil Gorsuch

Opinion analysis: Federal employment discrimination law protects gay and transgender employees (Updated)

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination “because of sex.” Today the Supreme Court, by a vote of 6-3, ruled that even if Congress may not have had discrimination based on sexual orientation or transgender status in mind when it enacted the landmark law over a half century ago, Title VII’s ban on discrimination protects gay, lesbian and transgender employees. Because fewer than half of the 50 states currently ban employment discrimination based on gender ident...
Tags: Featured, Supreme Court, Law, Congress, Senate, Lgbt, Court, House Of Representatives, Michigan, John Roberts, Scalia, Stephens, Equal Employment Opportunity Commission, Howe, Donna, Alito

FAQs: Announcements of orders and opinions

This post — which is an updated version of posts that we have published in earlier terms — addresses some of the questions about orders and opinion announcements that we have commonly received during our live blogs. If you have a question that you don’t see answered here, please feel free to ask it during today’s live blog. ORDERS Question: What do you mean by orders? Answer: When we talk about orders or the order list, we are usually referring to the actions that the court took at its most rece...
Tags: Featured, Supreme Court, Law, Live, United States, Elena Kagan, New York State Rifle Pistol Association, Brett Kavanaugh, Neil Gorsuch, City of New York

You be the political consultant: Should Joe Biden release a SCOTUS short-list?

I continue to think that then-candidate Donald Trump's decision in May 2016 to release a list of people he would consider as potential Supreme Court appointments was a quite clever and consequential campaign strategy.  Among other political benefits, the list honored and vindicated the decision by Senate Republicans to refuse of consider then-Prez Obama's nomination to the Court and reminded voters that the first critical act of whomever was to be elected in 2016 was to reshape the composition o...
Tags: Supreme Court, Law, Scotus, Abc, Senate, White House, Court, America, Joe Biden, Gop, Biden, Naacp, Donald Trump, Ruth Bader Ginsburg, Trump, Hill

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