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Recent Decisions

United States Forest Service v. Cowpasture River Preservation Association (June 15, 2020)
The U.S. Forest Service had the authority to issue a special use permit for a natural gas pipeline to cross below the Appalachian National Scenic Trail in the George Washington National Forest.

Andrus v. Texas (June 15, 2020)
Defense counsel's failure to investigate or present evidence of the defendant's traumatic childhood during the penalty phase of a capital murder trial established deficient performance by counsel; the Supreme Court remands for consideration of prejudice.

Bostock v. Clayton County (June 15, 2020)
An employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964.
Lomax v. Ortiz-Marquez (June 8, 2020)
The Prison Litigation Reform Act's three-strikes provision refers to any dismissal for failure to state a claim, whether with prejudice or without.
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC (June 1, 2020)
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards does not conflict with domestic equitable estoppel doctrines that permit the enforcement of arbitration agreements by nonsignatories.
Latest Supreme Court News
Surprise! Justice on L.G.B.T. Rights From a Trump Judge
The New York Times,
So much for “But Gorsuch.”
Supreme Court Expansion of Transgender Rights Undercuts Trump Restrictions
The New York Times,
The ruling focused on employment discrimination, but legal scholars say its language could force expanded civil rights protections in education, health care, housing and other areas of daily life.
Conservative Christians See ‘Seismic Implications’ in Supreme Court Ruling
The New York Times,
A ruling that protects the rights of gay and transgender workers could impact how conservative groups operate their own institutions.
Opinion analysis: Federal employment discrimination law protects gay and transgender employees (Updated)
SCOTUSblog,
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination “because of sex.” Today the Supreme Court, by a vote of 6-3, ruled that even if Congress may not have had discrimination based on sexual orientation or transgender status in mind when it enacted the landmark law over a half century ago, Title…
The Things That Are Caesar’s
Justia's Verdict,
Cornell law professor Sherry F. Colb comments on the recent oral argument before the U.S. Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru, which raises the question how broadly to construe the word “minister” within the ministerial exception to anti-discrimination law required by the First Amendment. Colb explains where the ministerial exception doctrine might be headed and suggests that an exemption even for criminal misconduct against ministers might be within the existing doctrine.
Press Release Regarding Justice Ginsburg
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