Category: Supreme Court

Supreme Court to Rule on Travel Ban

The court’s consideration of the revised executive order will essentially weigh the need to protect people from discrimination based on religion or country of origin with the president’s power in matters of national security. On its last opinion day of the term, the Supreme Court announced it would rule on the constitutionality of the Trump Administration’s

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Supreme Court to Consider Constitutionality of Partisan Gerrymandering

If the deciding justice finds that there is no clear way to determine constitutionality — and thus no clear way to establish laws against the practice — then the issue will continue to affect politics for the foreseeable future. In Gill v. Whitford the Supreme Court has agreed to decide whether and when it is

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Is the President’s Travel Ban Headed to the Supreme Court?

The Fourth Circuit concluded the revised travel ban likely violates the Establishment Clause, noting that its “text speaks with vague words of national security but in context drips with religious intolerance, animus and discrimination.” The Department of Justice (DOJ) has filed a brief asking the Supreme Court to review the Fourth Circuit’s recent decision temporarily preventing President Donald Trump’s

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Supreme Court: Cities Can Proceed With Claims Against Banks for Discriminatory Lending

The Supreme Court recently ruled local governments have “standing” to bring Fair Housing Act (FHA) lawsuits against banks alleging discriminatory lending practices. The glass is more than half full after the Supreme Court’s ruling in Bank of America v. Miami — but not as full as local governments would like. The Supreme Court could have totally

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D.C. Circuit Will Not Rule on Clean Power Plan — For Now

With its Friday ruling, the D.C. Circuit Court of Appeals has stayed the Clean Power Plan — but a Supreme Court review may be on the horizon. On Friday, the D.C. Circuit Court of Appeals granted the Trump Administration’s request to hold the Clean Power Plan (CPP) case in abeyance for 60 days. Additionally, the court asked the

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Seventh Circuit Holds Employees May Bring Sexual Orientation Employment Discrimination Claims

The Seventh Circuit U.S. Court of Appeals’ ruling in Hively v. Ivy Tech provides a wider interpretation of nondiscrimination law. The Seventh Circuit Court has become the first federal circuit court of appeals to rule that employees may bring sexual orientation discrimination claims under Title VII. Hively v. Ivy Tech Community College directly affects state

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Update: The Gorsuch Confirmation Hearings

While federalism was rarely discussed, and preemption wasn’t discussed at all, one particular issue of interest to local governments was explored at length. Confirmation hearings generally follow a predictable course, and Judge Neil Gorsuch’s hearings have been no exception. In most cases, senators not aligned with the president’s political party ask the nominee pointed questions

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What’s Next for the Second Blocked Travel Ban?

Judges in Hawaii and Maryland recently prevented parts of the second executive order on refugees from going into effect temporarily, citing likely violations of the U.S. Constitution’s Establishment Clause. On March 16, 2017, President Donald Trump’s second travel ban executive order was scheduled to be enacted. Within hours of each other, federal judges from Hawaii

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Supreme Court Will Not Decide Transgender Bathroom Case

The case revolves around the interpretation of a federal regulation that bans discrimination “on the basis of sex” in schools that receive federal money. The legal question is whether it can also ban discrimination based on gender identity. The Supreme Court will not decide – at least not this term – whether transgender students have

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The Trump Administration and Waters of the U.S.

President Donald Trump recently signed an executive order aimed at rolling back the Waters of the U.S. (WOTUS) rule, an Obama-era rule designed to protect the streams and wetlands that form the foundation of the nation’s water resources. What will happen to current WOTUS litigation following the president’s recent executive order? President Donald Trump’s executive

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