Author: Lisa Soronen

SCOTUS Rules Employers May Be Sued for Sex Orientation and Gender Identity Discrimination

On Monday, in a 6-3 decision in Bostock v. Clayton County, the Supreme Court held that gay and transgender employees may sue their employers under Title VII for discriminating against them because of their sexual orientation or gender identity. Title VII of the Civil Rights Act of 1964 outlaws employment discrimination on the basis of

Continue reading

DACA Survives… For Now

In a 5-4 decision in DHS v. Regents of the University of California, the Supreme Court held that the decision to wind-down the Deferred Action for Childhood Arrivals (DACA) program violated the Administrative Procedures Act (APA). It is possible the Department of Homeland Security (DHS) will try again to end DACA. DACA was established by

Continue reading

Despite COVID-19, SCOTUS Refuses to Stop Use of New Public Charge Definition

The Supreme Court refused to lift its stay of federal court orders that prevented the Trump administration from making changes to the definition of public charge. Immigrants who are deemed a “public charge” are ineligible to receive green cards/lawful permanent resident status. The most recent definition of public charge, adopted in 1999, included immigrants who

Continue reading

New Presidential Proclamation Limits Green Cards Temporarily

When President Trump tweeted that he intended to temporarily suspend immigration into the United States due to COVID-19 no one quite knew what to expect. The presidential proclamation prevents foreign nationals who are outside of the United States now and for the next 60 days (possibly longer if the proclamation is extended) from applying for legal permanent

Continue reading

The Supreme Court COVID-19 Slow Down

The Supreme Court of the United States (SCOTUS) is known for its ceaselessness. Government shutdowns, snowstorms, anthrax, and vacancies haven’t slowed down the High Court. But it has not been spared by this global pandemic. This term, the Supreme Court is expected to issue about 56 opinions—about the same number it issued in 1864—the fourth year of

Continue reading

New York Challenges Regulations Related to Federal Coronavirus-Based Leave

On March 18, 2020, Congress enacted the Families First Coronavirus Response Act (FFCRA), providing certain workers up to ten paid sick days and up to twelve weeks of emergency family leave in response to the coronavirus pandemic. On April 1, 2020, the Department of Labor (DOL) issued a final rule implementing the FFCRA. In a lawsuit,

Continue reading

Supreme Court to Decide Bankruptcy Case Affecting Local Governments

The city of Chicago impounds vehicles where debtors have three or more unpaid fines. Robbin Fulton’s vehicle was impounded, and when she filed for bankruptcy and asked the city to turn over her vehicle, it refused. And so, the question the Supreme Court will decide in City of Chicago, Illinois v. Fulton is whether a local government

Continue reading

Significant Homeless Decision Stands

In Martin v. City of Boise, the Ninth Circuit held that if a homeless person has no option of sleeping indoors a city cannot cite him or her for violating an ordinance disallowing sleeping outside in a public space. This significant holding is now final. The Supreme Court refuses to review thousands of lower court

Continue reading

Unpacking the “Bridgegate” Case

Kelly v. United States is a conflux of fascinating law and facts. The basic question the Supreme Court will decide is whether the masterminds of “Bridgegate” have committed fraud in violation of federal law. The more technical question is whether a public official “defrauds” the government of its property by advancing a “public policy reason”

Continue reading

What You Need to Know About the Supreme Court Census Ruling

Chief Justice Roberts joined his more liberal colleagues (Justices Ginsburg, Breyer, Sotomayor, and Kagan) concluding the reasons Commerce Secretary Wilbur Ross gave for adding the citizenship question to the 2020 census were pretextual in violation of the Administrative Procedures Act (APA). Presumably, Secretary Ross will now be able to offer different reasons for why he

Continue reading