Posts filtered by tags: Bostock[x]


 

Thursday round-up

Briefly: In USA Today, Richard Wolf reports that the Supreme Court’s landmark ruling in Bostock v. Clayton County — which held that Title VII of the Civil Rights Act protects LGBTQ workers — is already having broad ramifications in other litigation involving claims of discrimination against transgender people. “In recent weeks, federal judges from New York to Florida to Idaho have cited the Supreme Court’s ruling to justify expanding transgender rights beyond the workplace,” Wolf writes. At Rea...
Tags: Florida, Usa, New York, Supreme Court, Law, Idaho, Round-up, Wolf, Weyerhaeuser, Richard Wolf, Clayton County, U S Fish Wildlife Service, Brian Gregg, Bostock


The Role of Communications in the Supreme Court’s Landmark Ruling for LGBTQ Workplace Rights

For more than 10 years, Gerald Lynn Bostock worked as a child-welfare-services coordinator for Clayton County, Ga., advocating for victims of child abuse and neglect in Atlanta’s juvenile-courts system. He was fired in June 2013 after joining a gay men’s softball league and using his expense account to take clients to lunch at restaurants that displayed rainbow flags, he said. Bostock sued Clayton County for discrimination. The case — Bostock v. Clayton County — went all the way to the U.S. Supr...
Tags: Supreme Court, Atlanta, Diversity, Pr, United States, New York Times, Lgbtq, Wells Fargo, Thought Leadership, U S Supreme Court, American Civil Liberties Union, Adam Liptak, Clayton County, Liptak, PRSA, Role of Communications


Monday round-up

Briefly: In USA Today, Richard Wolf examines how the Supreme Court’s decision earlier this summer in June Medical Services v. Russo, striking down a restrictive Louisiana abortion law, is affecting other abortion litigation in the lower courts. Wolf reports that “[o]fficials in Texas, Ohio, Indiana, Kentucky and Oklahoma have in recent weeks argued that the high court’s narrow 5-4 ruling actually bolsters their defense of anti-abortion laws,” largely as a result of Chief Justice John Roberts’ c...
Tags: Usa, Supreme Court, Law, United States, Louisiana, Oklahoma, Round-up, Wolf, John Roberts, Richard Wolf, Clayton County, Montana Department of Revenue, Russo, Espinoza, June Medical Services, Bostock


United States: Kansas Human Rights Commission Concurs With U.S. Supreme Court Bostock Decision Regarding LGBTQ Sex Discrimination - Lewis Brisbois Bisgaard & Smith LLP

Last Friday, August 21, 2020, the Kansas Human Rights Commission (KHRC) Board met to consider the U.S. Supreme Court's decision in Bostock v. Clayton Cty., 140 S. Ct. 1731, 1734 (2020) ...
Tags: News, United States, U S Supreme Court, Lewis Brisbois Bisgaard, Smith LLP, Bostock, Kansas Human Rights Commission KHRC Board, Clayton Cty


Thanks, Justice Gorsuch. No, Really!

Citing Bostock decision, Fourth Circuit gives transgender plaintiff Gavin Grimm long-sought victory.
Tags: Supreme Court, Law, Courts, Lgbtq, Fourth Circuit, Gavin Grimm, 4th Circuit, Gorsuch, Elizabeth Dye, Bostock


Tuesday round-up

Briefly: In Politico, Kia Rahnama examines the Supreme Court’s jurisprudence on the right to protest in light of recent demonstrations across the country in support of the Black Lives Matter movement. “For more than 30 years,” Rahnama writes, “the Supreme Court has failed to take up a freedom-of-assembly case. As a result, this fundamental constitutional right is in sore need of an update, such as a ruling that would protect protesters from the unduly harsh police response that has become all t...
Tags: Hollywood, Supreme Court, Law, Black Lives Matter, New York Magazine, Trump, Round-up, Zeppelin, BuzzFeed News, Eriq Gardner, Ivie, Zoe Tillman, Bostock, Rahnama, Devon Ivie, Politico Kia Rahnama


Monday round-up

Briefly: In the New York Times, Adam Liptak previews Uzuegbunam v. Preczewski, a case that will be argued before the Supreme Court this fall. The justices, Liptak writes, will decide whether a student at a public college can sue officials “for violating his First Amendment rights when they enforced a particularly severe version of the school speech codes that have become commonplace at colleges and universities around the nation.” The officials argue that the case is moot because, after the law...
Tags: Supreme Court, Law, Lgbtq, University Of California, Maui, Trump, Kenneth Jost, Jost, Deferred Action for Childhood Arrivals, Babb, Liptak, Regents, Wilkie, Everything Else, New York Times Adam Liptak, Hawaii Wildlife Fund


United States: For Employers: Understanding The Supreme Court's Title VII Ruling - Ward and Smith, P.A.

On June 15, 2020, the Supreme Court of the United States ruled in Bostock v. Clayton County, Georgia that the protections of Title VII of the Civil Rights Act of 1964 extend to individuals who are discriminated against in the workplace ...
Tags: News, Supreme Court, United States, Smith, Ward, Supreme Court of the United States, Clayton County Georgia, Bostock


Realistic Utopianism

For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Mark Tushnet Conventions often reflect enduring values, and so I begin with the conventional statement of appreciation for the seriousness with which the contributors to this Symposium have taken my arguments. As several contributors suggest, I wrote the book in a style intended to make its arguments accessible to interested nonspecialist readers. One con...
Tags: Mississippi, Supreme Court, Court, Nike, Reagan, Mars, Fdr, Griffin, Branding, Belkin, Guest Blogger, Trump, Marshall, John Roberts, Roberts, Hughes


Symposium: Free exercise, RFRA and the need for a constitutional safety net

This article is part of a SCOTUSblog symposium on the Roberts court and the religion clauses. Kim Colby is director of the Christian Legal Society’s Center for Law and Religious Freedom. She was counsel on amicus briefs on behalf of the Christian Legal Society in Espinoza v. Montana Department of Revenue, Our Lady of Guadalupe School v. Morrissey-Berru, Tanzin v. Tanvir and Fulton v. City of Philadelphia. Americans’ religious freedom depends on a patchwork of protections scattered throughout fed...
Tags: Featured, Supreme Court, Law, Congress, Montana, Fbi, House Of Representatives, Bill Clinton, Philadelphia, Catholic, Smith, Fulton, The Supreme Court, Equal Employment Opportunity Commission, Roberts, Clayton County


Friday round-up

Briefly: The long-running dispute over compensation for college athletes is back at the Supreme Court. CNN’s Ariane de Vogue reports that the NCAA filed an emergency request on Thursday asking the justices to issue a stay of a lower court’s ruling that allows colleges to give student-athletes money for computers, study-abroad scholarships and other academic products and services. “The case,” de Vogue writes, “is the latest dispute between those who believe that schools should be able to decide ...
Tags: Supreme Court, Law, Ncaa, Lgbtq, Department Of Justice, Usa Today, Round-up, John Roberts, Mother Jones, Clayton County, Dahlia Lithwick, Steve Vladeck, Ariane de Vogue, Supreme Court CNN, Bostock, Tribal Supreme Court Project


Symposium: The unfolding revolution in the jurisprudence of the religion clauses

This article is part of a SCOTUSblog symposium on the Roberts court and the religion clauses. Erwin Chemerinsky is the dean and Jesse H. Choper distinguished professor of law at University of California, Berkeley School of Law. Howard Gillman is the chancellor and a professor of political science and law at University of California, Irvine. Their book, “The Religion Clauses: The Case for Separating Church and State,” will be published by Oxford University Press in September. Although there were ...
Tags: Featured, Supreme Court, Law, Montana, Pennsylvania, Missouri, Philadelphia, Catholic, Smith, Ruth Bader Ginsburg, American Legion, Trump, John Roberts, Fulton, Board of Education, EEOC


Symposium: Amid polarization and chaos, the court charts a path toward peaceful pluralism

This article is part of a SCOTUSblog symposium on the Roberts court and the religion clauses. Mark Rienzi is president of the Becket Fund for Religious Liberty, which represents parties or amici in many of the cases described below, including Bostock v. Clayton County, Little Sisters of the Poor v. Pennsylvania, Our Lady of Guadalupe School v. Morrissey-Berru, Espinoza v. Montana Department of Revenue, Fulton v. City of Philadelphia and Tanzin v. Tanvir. Rienzi is also a professor of law at the ...
Tags: Featured, Law, Congress, Montana, City, Css, Pennsylvania, Philadelphia, Catholic, Smith, Ruth Bader Ginsburg, Kennedy, Small, American Legion, Harvard Law School, Sonia Sotomayor


Constitutional meaning at a time of democratic crisis

For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Julia Azari Notorious Supreme Court decisions are central to theories about regime decline in American politics. Leading up to the Civil War it was the Dred Scottdecision, which encapsulated not only a court set on preserving the rights of slave states and slave owners, but also the evil of a president who sought to influence the decision. The Court is a...
Tags: Supreme Court, Congress, Senate, Court, United States, Citizens United, Branding, Guest Blogger, Scalia, Congressional, Marquette University, Shelby, Clayton County, Heller, Julia Azari, Tushnet


Mark Tushnet and the "Next Age" Struggling to be Born

Normal 0 false false false EN-US X-NONE X-NONE ...
Tags: Supreme Court, Obama, Congress, Senate, Court, America, Barack Obama, Joe Biden, Gop, United States, House, Mitch McConnell, John Adams, Republican, Biden, Ruth Bader Ginsburg


There Are No Balls and Strikes in Constitutional Hardball

For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020). D. A. Jeremy Telman Critical theory encourages skepticism with respect to master narratives.   Mark Tushnet has contributed as much as anybody to the introduction of critical theory into legal scholarship, and yet for the first two-thirds of his new book he provides a master narrative of the jurisprudence of the Roberts Court from the perspective o...
Tags: Florida, Supreme Court, Court, Alabama, Reagan, Gop, Iceland, Republican Party, Oklahoma, Hobby Lobby, Kennedy, Branding, Guest Blogger, Trump, Robert, Marshall


A Weak Assumption in the Discussion of Gorsuch in Bostock

                    A lot of virtual ink has been spilled on Justice Gorsuch’s opinion for the Court in Bostock.   Much of it has adopted the frame that Gorsuch followed his jurisprudential principles—specifically, a commitment to a certain kind of textualism—even though it led him to a result that isn’t congenial to his side of the ideological divide.   I understand why people have adopted that frame.   But I want to suggest that discussing his opinion in those terms misses something pre...
Tags: Supreme Court, Republican, Denver, Branding, Alito, Calibri, Gorsuch, Richard Primus, Josh Hawley, Bostock, Court in Bostock Much


Courts, The Academy, and Politics

For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Leah LitmanMark Tushnet’s Taking Back the Constitution is a tour de force. The book weaves together several of the common threads in discussions about the Supreme Court that have been happening in left-leaning academic circles for the last several decades. And it gives the ideas underlying the threads the depth and rigor they deserve. One of the book...
Tags: Florida, Supreme Court, Congress, California, Court, Wisconsin, Louisiana, Branding, Guest Blogger, Board, Democratic Party, Mark, Brown, Clayton County, Casey, Kavanaugh


Event recap: 2020 Supreme Court Roundup Webinar with Casetext

Casetext and SCOTUSblog hosted a webinar on July 23 to debrief the blockbuster 2019-20 Supreme Court term. SCOTUSblog Publisher and Co-Founder Tom Goldstein and Goldstein & Russell Partner Sarah Harrington led the discussion, moderated by Casetext Chief Operating Officer Laura Safdie. The event was co-sponsored by the American Constitution Society and the Federalist Society.  The webinar began with an overview of the current landscape of Supreme Court litigation. Sarah covered the court’s...
Tags: Supreme Court, Law, Congress, Pennsylvania, United States, ACS, Lgbtq, Louisiana, Donald Trump, Department Of Homeland Security, University Of California, Sarah, Casetext, Trump, Tom, John Roberts


Monday round-up

The Supreme Court’s Friday night decision to deny emergency relief to a Nevada church that challenged the state’s coronavirus restrictions generated strong reactions over the weekend. In a story for SCOTUSblog (which was first published at Howe on the Court), Amy Howe explains the church’s challenge to a state policy that limits church gatherings to 50 people while allowing other facilities – including bars and casinos – to operate at 50% of their capacity. Chief Justice John Roberts sided with ...
Tags: Supreme Court, Law, Congress, California, Court, Comcast, Npr, Nevada, Oklahoma, Round-up, John Roberts, Roberts, Howe, Jess Bravin, Nina Totenberg, Clayton County


Response to the symposium on Gay Rights vs. Religious Liberty

Thanks to Caroline Mala Corbin , Janet Halley , Rick Hills , Nan Hunter , Douglas Laycock , Micah Schwartzman , and Steven D. Smith for their insightful critiques of my book, Gay Rights v. Religious Liberty: The Unnecessary Conflict . In this response, I’ll defend three claims the book makes that have been challenged here:   (1) that the burden that antidiscrimination law imposes on conservative Christians ought to be taken seriously, (2) that their beliefs do...
Tags: Catholic, Vietnam, Smith, Steven Smith, Branding, Hills, Hunter, Rick, Halley, Jehovah, Hodges, Obergefell, Corbin, Laycock, Yakub, Jack Phillips


The trouble with principles

The Supreme Court's decision in Bostock v. Clayton County protects LGBT people from employment discrimination, but not discrimination in housing or public accommodations. A federal statute ought to pass Congress easily. It won't, because people mistakenly think that both discrimination and religious liberty are matters of principle about which no compromise is possible. That misunderstands the role of principle. I explain in a new piece at The Hill, here. (I will be responding to the sym...
Tags: Supreme Court, Congress, Branding, Clayton County, The Hill, Andrew Koppelman, Bostock


Wednesday round-up

Briefly: In Slate, Dahlia Lithwick and Molly Olmstead launch a project titled “The Class of RBG,” which tells “[t]he remarkable stories of the nine other women in the Harvard Law class of ’59 – as told by them, their families, and a Supreme Court justice who remembers them all.” The project includes a two-episode podcast series, a collection of short essays and an interview with Justice Ruth Bader Ginsburg herself. USA Today’s Richard Wolf reports that “[t]he coronavirus pandemic has fueled an ...
Tags: Texas, Supreme Court, Law, California, Chicago, Usa Today, Ruth Bader Ginsburg, Chevron, Round-up, John Roberts, Richard Wolf, Clayton County, Chabot, Dahlia Lithwick, Gorsuch, First Congress


Judicial Compromise and Political Uncertainty (or, What If You’re Not Sugar Ray Robinson?)

For the symposium on Andrew Koppelman, Gay Rights vs Religious Liberty? The Unnecessary Conflict (Oxford University Press, 2020). The law and politics of LGBTQ rights and religious freedom have changed significantly since Andrew Koppelman’s book, Gay Rights v. Religious Liberty? The Unnecessary Conflict, was published less than two months ago. The emerging conventional wisdom about the Supreme Court’s recent Term is that a majority of the justices, led by Chief Justice Roberts, have reached a br...
Tags: Supreme Court, Congress, Court, Aclu, Philadelphia, Christian, Smith, Branding, Guest Blogger, Trump, Robinson, Roberts, Roberts Court, Oxford University Press, Obergefell, Guadalupe


United States: Use A Checklist To Avoid LGBTQ Discrimination In Your Benefits Programs - McDermott Will & Emery

The US Supreme Court ruled June 15 in Bostock v. Clayton County, Ga. that the prohibition against sex discrimination in the workplace under Title VII of the Civil Rights Act covers sexual...
Tags: News, United States, US supreme court, Emery, McDermott, Bostock, Clayton County Ga


A Supreme Court compromise on gay rights

I'm honored by the fabulous responses to Gay Rights vs. Religious Liberty? The Unnecessary Conflict that have appeared here at Balkinization, and will respond to all of them shortly.  But meanwhile, today I have an op ed on the interaction of the recent Supreme Court decisions in Bostock and Our Lady of Guadalupe School.  It is at USA Today, here. [Author: Andrew Koppelman]
Tags: Usa, Supreme Court, Branding, Guadalupe, Balkinization, Andrew Koppelman, Bostock


Implementing Compromise

For the symposium on Andrew Koppelman, Gay Rights vs Religious Liberty? The Unnecessary Conflict (Oxford University Press, 2020). Douglas Laycock             1. Religious minorities and sexual minorities make essentially parallel claims on the larger society. They each say that some aspects of human identity are so important to each individual that government should not interfere without the most compelling reason. They might have been allies in the political and legal battle against enfo...
Tags: Supreme Court, Congress, Senate, Lgbt, University Of Virginia, Branding, Guest Blogger, Robert, Fulton, Clayton County, Oxford University Press, Andrew Koppelman, Employment Division, Douglas Laycock, Koppelman, Smith It


Progressives Should Take Yes For An Answer – And Not Miss Chances To Exploit Their Surprising Supreme Court Wins

Simon Lazarus   “You would have been dismissed as delusional,” as ACLU Legal Director David Cole said last week, if in October 2019 you had predicted end-of-term progressive Supreme Court victories establishing LGBTQ workplace equality, and rejecting Louisiana’s abortion restrictions,Trump’s bid to rescind DACA, and the Trump-Barr claim that presidents are immune from all federal or state prosecutions and investigations. Many progressive pundits, advocates, and politicians are visibly strugg...
Tags: Supreme Court, Congress, Washington Post, Washington, White House, Court, United States, Arkansas, Jimmy Carter, Lgbtq, Louisiana, ACA, King, Executive Branch, Branding, Guest Blogger


Too Much and Not Enough: A Commentary on Gay Rights vs. Religious Liberty? The Unnecessary Conflict by Andrew Koppelman

For the symposium on Andrew Koppelman, Gay Rights vs Religious Liberty? The Unnecessary Conflict (Oxford University Press, 2020).Nan D. Hunter Andy Koppelman’s book on the conflict between laws protecting Americans against discrimination based on sexual orientation or gender identity and objections to those laws by religious conservatives desperately searches for a principled spot in the middle of the road. Andy, a longtime ally on LGBT rights issues, argues that the conflict is unnecessary...
Tags: Supreme Court, Congress, White House, Massachusetts, Lgbt, Court, City, Philadelphia, Illinois, Branding, Andy, Guest Blogger, Fulton, Clayton County, Oxford University Press, Hodges


Comment on crispy tofu pad thai by Janice in Brooklyn

OK, I am really late to the party here, but I cannot exist without sharing my amazement at this recipe. I have tried many Pad Thai recipes (Mostly of the ketchup-y ilk referenced in the notes) and it is the barometer for which I rate every Thai restaurant I visit so I’ve had my fair share of pad Thai. I admit to having my doubts about the Tamarind paste that I had to special order, and the pickled radishes that look like fish food (also special order, thanks Amazon), but after having devoted m...
Tags: Amazon, Food, Brooklyn, Janice, Deb, Bostock