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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


Monday round-up

Amy Howe reports for this blog that on Friday the court denied a request that it revive a lower court ruling allowing any Texas voter to vote by absentee ballot without an excuse for the 2020 election cycle; her post originally appeared at Howe on the Court. For , Adam Liptak reports that “[t]he Texas Democratic Party and several voters had urged the court to reinstate a federal trial judge’s injunction requiring state officials to allow all voters, and not just those who are 65 or older, to su...
Tags: Texas, Supreme Court, Law, Bloomberg, Harvard, Atlantic, United States, SEC, Fox News, Usa Today, Department Of Homeland Security, Securities And Exchange Commission, Trump, Round-up, Chapel Hill, University Of North Carolina


Thursday round-up

Briefly: David Savage reports for the Los Angeles Times that “[t]he Supreme Court is nearing the end of its term and ready to release major decisions on abortion, religion and the separation of powers.” At Bloomberg Government, Andrew Kreighbaum and Erin Mulvaney report that “[t]ransgender students stand to gain leverage in lawsuits over access to bathrooms and participation in school sports following last week’s U.S. Supreme Court ruling on LGBT workers’ rights.” At the Cato Institute’s Cato a...
Tags: Supreme Court, Law, Lgbt, Bloomberg, Liberty, Department Of Homeland Security, University Of California, Los Angeles Times, Round-up, Lech, U S Supreme Court, Clayton County, Pacific Legal Foundation, David Savage, Regents, DACA


United States: LGBTQ Title VII Ruling May Impact Your Employee Benefit Plan - McDermott Will & Emery

On Monday, June 15, 2020, the US Supreme Court held in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964 protects transgender, gay and lesbian employees...
Tags: News, United States, US supreme court, Emery, Clayton County, Bostock


United States: Bostock v. Clayton County: Supreme Court Protects Sexual Orientation And Gender Identity In The Workplace - Schnader Harrison Segal & Lewis LLP

On June 15, 2020, the U.S. Supreme Court ruled that the federal law prohibiting "sex" discrimination in the workplace also protects against bias based on sexual orientation and gender identity.
Tags: News, Supreme Court, United States, U S Supreme Court, Clayton County, Schnader Harrison Segal, Lewis LLP, Bostock


United States: U.S. Supreme Court Issues Landmark Ruling Barring LGBT Workplace Discrimination - Fenwick & West LLP

Yesterday, the U.S. Supreme Court issued a landmark 6-3 decision in a trio of linked cases (Altitude Express v. Zarda, Bostock v. Clayton County and...
Tags: News, United States, U S Supreme Court, Clayton County, Fenwick, West LLP, Altitude Express, Zarda Bostock


The Supreme Court Will Not Save Us from Ourselves

On Tuesday, a Supreme Court majority ruled in Bostock v. Clayton County that Title VII of the 1964 Civil Rights Act, written to protect against discrimination on the basis of sex, also protects against discrimination on the basis of sexual orientation and gender identity. That Trump-nominated Justice Neil Gorsuch wrote the majority opinion (joined also by Bush-nominated Chief Justice John Roberts) helped to occasion on some quarters of the right a bout of despair and fatalism more redolent of er...
Tags: News, Supreme Court, Obama, Congress, Dhs, Chuck Grassley, Trump, Bush, Antonin Scalia, John Roberts, Grassley, Roberts, Deferred Action for Childhood Arrivals DACA, Clayton County, Iowa Republican, Neil Gorsuch


Reply to Six Commentaries on Who’s the Bigot?

For the symposium on Linda McClain, Who’s the Bigot? Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020).Thanks very much to Sandy Levinson for organizing this wonderful symposium on Who’s the Bigot?and to Jack Balkin for providing space on Balkinization. I am grateful to contributors Aziza Ahmed, Dale Carpenter, Imer Flores, Cathleen Kaveny, Randall Kennedy, and Andrew Koppelman for their insightful and instructive comments. I will address some general t...
Tags: Minnesota, Obama, Virginia, Barack Obama, Unesco, New Mexico, Philips, Donald Trump, Martin Luther King Jr, Kennedy, Craig, Branding, Flores, Trump, Brown, Board of Education


Rayshard Brooks Was on Probation & Could Have Gone Back to Prison if Charged With DUI, Which May Explain Why He Tried to Run Away From Police

Rayshard Brooks was on probation when he was found asleep and intoxicated at a Wendy’s drive-thru, and he feared going back to prison if he ended up being charged with DUI, which may explain why he tried to make a run for it when police tried to arrest him. Brooks was shot and killed Friday (Jun. 12) when cops received a 911 call to the Wendy’s at University Avenue in Atlanta after Brooks fell asleep behind the wheel of his car and blocking the fast-food restaurant’s drive-thru lane. Bodycam foo...
Tags: Crime, News, Atlanta, Georgia, Daily Mail, Jazz, Ohio, Taser, Wendys, Wendy, Howard, Brooks, Clayton County, Dailymail, University Avenue, Brosnan


Does Title VII protect employees whose spouses are pregnant?

A male Disney employee has filed suit against his former employer, claiming that Disney unlawfully discriminated against him because of his wife's pregnancy.  According to Steven Van Soeren's complaint, Disney fired him after he took two weeks of paternity leave following the birth of his child, and after supervisors advised him during his wife's pregnancy on the wisdom of having a child. (As an aside, Van Soeren claims that his supervisors learned of the pregnancy by hacking his computer.)...
Tags: Law, Disney, Clayton County, Gorsuch, Jon Hyman, Trump Administration, Kelly Sikkema, Bostock, Steven van Soeren, Van Soeren


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


Everything you need to know about Bostock v. Clayton County—the #SCOTUS LGBTQ discrimination decision—in five quotes

June is Pride Month. If you thought the month's biggest LGBTQ news was Nickelodeon tweeting that SpongeBob was part of the LGBTQ+ community, you have another thing coming. Yesterday, in , the United States Supreme Court clearly, decisively, and unequivocally held:   An employer who fires an individual merely for being gay or transgender violates Title VII. The Bostock majority opinion is 33 pages long. I'll break it down for you in five key quotes. 1. "Few facts are needed to appreci...
Tags: Law, Congress, Court, Lgbtq, Nickelodeon, Clayton County, United States Supreme Court, Kavanaugh, Jon Hyman, Spongebob, Bostock, Emily Webster


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


Symposium: The strength of the written word fulfills Title VII’s promise

Sarah Rice is an assistant attorney general for the state of Maryland, which joined an amicus brief on behalf of 21 states and the District of Columbia in support of the employees in Bostock v. Clayton County and Harris Funeral Homes v. EEOC. In affirming that Title VII’s broad scope prohibits discrimination on the basis of sexual orientation and gender identity, the Supreme Court immediately ended a form of stigmatic injury suffered by millions of citizens who identify as lesbian, gay, bisexual...
Tags: Featured, Maryland, Supreme Court, Law, States, District Of Columbia, The Supreme Court, EEOC, Clayton County, Bostock, Harris Funeral Homes, Sarah Rice


Supreme Court rules LGBT people protected from job discrimination

By MARK SHERMAN WASHINGTON  — The Supreme Court ruled Monday that a landmark civil rights law protects LGBT people from discrimination in employment, a resounding victory for LGBT rights from a conservative court. The court decided by a 6-3 vote that a key provision of the Civil Rights Act of 1964 known as Title VII that bars job discrimination because of sex, among other reasons, encompasses bias against LGBT workers. “An employer who fires an individual for being homosexual or transgender fire...
Tags: New York, News, Supreme Court, Obama, Congress, Washington, Lgbt, Uncategorized, Atlanta, Georgia, Sport, Soccer, Switzerland, Lgbtq, Detroit, Ucla


Playboi Carti Arrested On Gun And Drug Charges

Playboi Carti has been arrested on gun and drug charges. The New York Daily News reports that the Atlanta rapper was caught with three guns and a whole lot of drugs when cops stopped his Lamborghini in Georgia's Clayton County on Thursday. More »
Tags: Music, News, Atlanta, Georgia, New York Daily News, Clayton County, Playboi Carti


Playboi Carti Arrested in Georgia on Drug & Gun Charges

Playboi Carti was arrested on drug and gun-related charges Thursday (Apr. 2) in Georgia. The rapper was driving his Lamborghini in Clayton County near Atlanta when he was pulled over by police for an expired tag. After searching the vehicle, deputies, deputies discovered 12 bags of marijuana, xanax, codeine, oxycodone, and three guns. Carti and another man, Jaylon Tucker, were both arrested and taken to the Clayton County jail, the AJC reported. Story developing. Check back for updates… Playboi ...
Tags: Celebs, Crime, Celebrity Arrests, Mugshots, Atlanta, Georgia, Hip Hop, Pop Culture, Jazz, Clayton County, AJC, Playboi Carti, Carti, Mugshot Madness, Jaylon Tucker


The Latest Defense for Anti-Gay Discrimination

It’s now more than a month since the Supreme Court heard oral argument in Bostock v. Clayton County on whether federal law prohibits anti-gay discrimination, and suddenly conservatives have focused their attacks on what might seem like an improbable target: Justice Elena Kagan’s insistence on the importance of the plain language of the law. This is a position known as “textualism,” often associated with conservatives such as the late Justice Antonin Scalia. But within 72 hours, between Novemb...
Tags: Supreme Court, Court, Wall Street Journal, Branding, Antonin Scalia, Clayton County, Elena Kagan, Kagan, Andrew Koppelman, Bostock


Are we all textualists now?: Amy Howe and Kevin Russell discuss oral arguments in LGBT employment discrimination cases

This week on SCOTUStalk, Amy Howe sits down with Kevin Russell to discuss the oral arguments in the LGBT employment discrimination cases heard by the court last week. The pair talk about Pam Karlan’s opening argument in Bostock v. Clayton County, the two-minute rule, Justice Kagan’s interpretation of “because of sex” and Justice Gorsuch’s concern about the “massive social upheaval that would be entailed” by deciding that sex discrimination under Title VII covers transgender people. Kevin Russell...
Tags: Featured, Law, Stephens, EEOC, Clayton County, Kagan, Amy Howe, Goldstein Russell, Kevin Russell, Gorsuch, Pam Karlan, Bostock, SCOTUStalk, Harris Funeral Homes, Supreme Court Disclosure


A “view” from the courtroom: Pop culture and protocol

Things were already going to be a little crazy outside the Supreme Court for today’s arguments in the Title VII cases. So, the discovery of two suspicious packages on the plaza this morning is most unwelcome. The packages are investigated by the authorities, but they disrupt foot and vehicular traffic around the court just as argument time approaches. The building remains open, and reporters are escorted up to the courtroom well before 9:30 a.m., which gives us the chance to scope out the scene....
Tags: Featured, Supreme Court, Law, Congress, Washington, Ruth Bader Ginsburg, Wall Street Journal, Laverne Cox, Los Angeles Dodgers, Stanford University, New York Yankees, Washington Nationals, Minnesota Twins, Pat, Thomas, Sonia Sotomayor


Argument analysis: Justices divided on federal protections for LGBT employees (UPDATED)

Editor’s note: This post has been updated to include discussions of exchanges between Chief Justice John Roberts and advocate Pamela Karlan in Bostock v. Clayton County, and between Justices Neil Gorsuch and Samuel Alito and advocate David Cole in Harris Funeral Homes v. EEOC. Title VII of the Civil Rights Act of 1964 bars employment discrimination “because of … sex.” This morning, in a packed courtroom, the Supreme Court heard oral argument on whether Title VII protects gay, lesbian and transge...
Tags: Featured, Supreme Court, Law, Congress, Stanford, Switzerland, Michigan, Ruth Bader Ginsburg, Francisco, Title VII, Anthony, Sonia Sotomayor, John Roberts, HARRIS, American Civil Liberties Union, Richard Posner


Supreme Court to hear arguments in case over legality of firing for someone for being LGBTQ

In another distressing sign of the times, the Supreme Court will hear arguments in a case to decide whether or not LGBTQ people are protected under Title VII of the Civil Rights Act. Those protections will determine the legality of firing an employee for being queer. “The issue for the court is the reach of Title VII of the Civil Rights Act of 1964, which, besides protecting against workplace discrimination because of race, also prohibits discrimination ‘because of sex,’ reports The Washington ...
Tags: Feature, Politics, Supreme Court, Washington Post, Lifestyle, Title VII, Ad Friendly, Trump, Equal Employment Opportunity Commission, Arizona Supreme Court, Clayton County, Brett Kavanaugh, Neil Gorsuch, Bostock, Zarda, Altitude Express


This week at the court

On Monday, the Supreme Court is expected to release additional orders from the October 1 conference at 9:30 a.m. Starting at 10:00 a.m., the justices will hear oral argument in Kahler v. Kansas, Peter v. NantKwest and Ramos v. Louisiana. On Tuesday, the justices will hear oral argument in Bostock v. Clayton County and Harris Funeral Homes v. EEOC. On Friday, the justices will meet for their October 11 conference. The post This week at the court appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Louisiana, EEOC, Clayton County, Ramos, NantKwest, This Week at the Court, Bostock, Kahler, Harris Funeral Homes, Kansas Peter


Thoughts on the SG’s “Lesbian Comparator” Argument in the Pending Title VII Sexual-Orientation Cases

            In a pair of cases that’ll be argued on October 8th—Bostock v. Clayton County, Georgia, No. 17-1618, and Altitude Express, Inc. v. Zarda, No. 17-1623—the Supreme Court will consider whether the provision in Title VII of the Civil Rights Act of 1964 making it unlawful for a covered employer to “discriminate against” an employee “because of such individual’s . . . sex” prohibits that employer from firing an employee because he’s a gay man.             The  defendant   employer...
Tags: New York, Supreme Court, Greece, Congress, Virginia, Court, America, Georgia, United States, Catholic Church, Loving, Long Island, Sykes, County, Branding, Hopkins


Supreme Court Will Take Up LGBT Job Discrimination Cases In The Fall

WASHINGTON (AP) — The Supreme Court will decide whether the main federal civil rights law that prohibits employment discrimination applies to LGBT people. The justices say Monday they will hear cases involving people who claim they were fired because of their sexual orientation. Another case involves a funeral home employee who was fired after disclosing that she was transitioning from male to female and dressed as a woman. The cases will be argued in the fall, with decisions likely by June 20...
Tags: New York, News, Supreme Court, Obama, Congress, Washington, Lgbt, Atlanta, Georgia, Ap, Chicago, Michigan, Discrimination, Donald Trump, Cincinnati, Trump


US Supreme Court to decide if it's legal to fire people for being gay

The Supreme Court has agreed to hear arguments over a slate of cases that could effectively determine whether US employers have the right to fire someone for being LGBTQ+. The nation’s highest court said Monday it would hear legal arguments for Altitude Express Inc v Zarda, Bostock v Clayton County and RG & GR Harris Funeral Homes v EEOC — all three of which deal with various forms of alleged employment discrimination. The Harris Funeral Homes case involves accusations of anti-transgender discri...
Tags: News, Justice, Supreme Court, US, Lgbtq, Donald Trump, US supreme court, Trump, HARRIS, Seventh Circuit Court of Appeals, EEOC, Ian Millhiser, Clayton County, Anthony Kennedy, Second Circuit Court of Appeals, Brett Kavanaugh


Police: Boy finds gun under father’s pillow, shoots himself

JONESBORO, Ga. (AP) — Police in Georgia say a 2-year-old boy who found a handgun under his father’s pillow has died from a self-inflicted gunshot wound. The Atlanta Journal-Constitution reports that the boy died Thursday after walking into a bedroom where his father was sleeping. A Clayton County police statement says the boy didn’t wake […]
Tags: News, Georgia, Ap, Atlanta Journal Constitution, Clayton County, Jonesboro Ga, Nation & World