The Court went out with a bang yesterday, overturning a key part of the federal Defense of Marriage Act (DOMA) in United States v. Windsor (12-307), and dismissing for lack of standing the appeal in Hollingsworth v. Perry (12-144), thus leaving intact the district court’s decision invaliding California’s Proposition 8 and paving the way for same-sex marriages to go forward in that State,
Read More United States v. Windsor (12-307), Hollingsworth v. Perry (12-144), Sehkar v. United States (12-357), Ryan v. Schad (12-1084) and Order List
Shelby County v. Holder (12-96), Koontz v. St. Johns River Water Management District (11-1447), and Adoptive Parents v. Baby Girl (12-399)
While the media focuses on today’s same-sex marriage decisions (we’ll bring you more on those soon!), we’re back to bring you more detail on Shelby County v. Holder (12-96), yesterday’s Voting Rights Act decision, as well as Koontz v. St. Johns River Water Management District (11-1447), a land-use Takings decision that may have far-reaching consequences, and Adoptive Parents v. Baby Girl (12-399),…
Read More Shelby County v. Holder (12-96), Koontz v. St. Johns River Water Management District (11-1447), and Adoptive Parents v. Baby Girl (12-399)
Fisher v. University of Texas at Austin (11-345), Mutual Pharmaceutical Co. v. Bartlett (12-142), and United States v. Kebodeaux (12-418)
We continue our coverage of Monday’s decisions with Fisher v. University of Texas at Austin (11-345), the Court’s long-awaited decision on the University’s affirmative action policies; Mutual Pharmaceutical Co. v. Bartlett (12-142), where the Court found that federal preemption required eradication of a $21 million verdict against the manufacturer of a generic prescription drug; and United States v. Kebodeaux (12-418), holding that…
Read More Fisher v. University of Texas at Austin (11-345), Mutual Pharmaceutical Co. v. Bartlett (12-142), and United States v. Kebodeaux (12-418)
Vance v. Ball State University (11-556) and University of Texas Southwestern Medical Center v. Nassar (12-484)
The Court handed down two major employer victories in Title VII cases today: Vance v. Ball State University (11-556), in which the Court narrowly defined “supervisors,” thus limiting employer liability in workplace harassment cases; and University of Texas Southwestern Medical Center v. Nassar (12-484), holding that plaintiffs asserting retaliation claims must establish traditional “but-for” causation, rather than a lesser “motivating factor” causation standard.
Read More Vance v. Ball State University (11-556) and University of Texas Southwestern Medical Center v. Nassar (12-484)
Agency for International Development v. Alliance for Open Society Int’l, Inc. (12-10) and Order List
The Court kicked off the last week of the Term with 5 signed opinions, a per curiam decision, and a dozen cert grants and SG invites. This Update covers today’s orders as well as last week’s decision in Agency for International Development v. Alliance for Open Society Int’l, Inc. (12-10).
The Chief and Justice Scalia fought over prostitution and free speech in Agency for …
Read More Agency for International Development v. Alliance for Open Society Int’l, Inc. (12-10) and Order List
American Express Co. v. Italian Colors Restaurant (12-133) and Descamps v. United States (11-9540)
With only a week left in the Term, the decisions are coming fast and furious. This Update will cover two of the three decisions released Thursday: American Express Co. v. Italian Colors Restaurant (12-133), reaffirming the enforceability of arbitration clauses containing a class and collective action waiver; and Descamps v. United States (11-9540), addressing when a “modified categorical” approach may be used to…
Read More American Express Co. v. Italian Colors Restaurant (12-133) and Descamps v. United States (11-9540)