Court agrees to hear Title VII employer discrimination case

Court agrees to hear Title VII employer discrimination case

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The Supreme Court agreed to decide what protections Title VII of the Civil Rights Act of 1964 provides to employees who contend they were the victim of a discriminatory transfer. The justices announced on Friday that they had granted review in Muldrow v. St. Louis and six other cases, two of which will be argued together. (I covered one of those cases, United States v. Rahimi, in a separate article.)

The question comes to the court in the … Read the rest

Supreme Court will consider major case on power of federal regulatory agencies

Supreme Court will consider major case on power of federal regulatory agencies

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Nearly 40 years ago, in Chevron v. Natural Resources Defense Council, the Supreme Court ruled that courts should defer to a federal agency’s interpretation of an ambiguous statute as long as that interpretation is reasonable. On Monday, the Supreme Court agreed to reconsider its ruling in Chevron.  

The question comes to the court in a case brought by a group of commercial fishing companies. They challenged a rule issued by the National Marine Fisheries Service that requires the fishing industry to pay … Read the rest

Justices to hear procedural question in Maryland prison-assault case

Justices to hear procedural question in Maryland prison-assault case

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Kevin Younger was detained before trial at a state prison in Baltimore, Maryland. While Younger in custody, a prison official, Neil Dupree, directed three prison guards to attack Younger and other inmates. The guards beat Younger viciously, leaving him unconscious and bleeding profusely. Younger suffered permanent injuries to his face, wrist, ribs, hand, and leg.

Younger filed a federal civil rights claim against Dupree, alleging that the use of excessive force against him violated his constitutional rights. In the … Read the rest

What to do with the abortion case on the Supreme Court’s docket?

What to do with the abortion case on the Supreme Court’s docket?

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The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

The Supreme Court will observe St. Patrick’s Day this year by meeting in conference to discuss which of the 184 petitions and applications for resolution that day should be granted favorable consideration. Only one of those cases is newly relisted: Chapman v. Doe. Jane Doe, then an unemancipated 17-year-old, went to Missouri … Read the rest

Justices take up case on federal admiralty law, seek government’s views on two pending petitions

Justices take up case on federal admiralty law, seek government’s views on two pending petitions

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The Supreme Court on Monday morning added a maritime law case to its docket for the 2023-24 term and invited the federal government to submit briefs expressing its views in two more cases. Both announcements came on an otherwise quiet order list released from the justices’ conference on Friday, March 3.

The justices granted review in Great Lakes Insurance SE v. Raiders Retreat Realty Co., a dispute that began after a yacht owned by Raiders Retreat Realty Co. … Read the rest

Literalism vs. lenity in a case on the scope of federal identity theft

Literalism vs. lenity in a case on the scope of federal identity theft

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The federal aggravated identity theft statute imposes a two-year sentence for any person who, “during and in relation to” certain enumerated felonies, “knowingly transfers, possesses, or uses without lawful authority, a means of identification of another person.” On Monday, the Supreme Court will consider the reach of this statute in Dubin v. United States.

As background, petitioner David Dubin was convicted of health care fraud — an enumerated felony. Dubin was the managing partner of a psychological services … Read the rest

Plaintiffs’ “Misleading Marketing and Labeling” Claims Thrown Out in N.D. Ill. Popcorn Case

Today’s case is not about drugs or medical devices.  It is about popcorn, a perfect prompt (or as good as ours ever get) for a rant about movies.  We are working our way through the Oscar nominees, in anticipation of the upcoming Academy Awards.  (Pre-apocalypse, we hosted an annual Oscar party, featuring good food, good wine, and just enough wagering – and cheating – for a bit of hostility.)   As we watch this year’s slate, we long for the days … Read the rest

Court will confront jurisdictional jumble in the case of a transgender woman seeking relief from deportation

Court will confront jurisdictional jumble in the case of a transgender woman seeking relief from deportation

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The nation’s immigration courts are breaking under the cumulative weight of a byzantine statutory scheme, chronic understaffing, and insurmountable case backlogs. The noncitizens appearing before them face a host of daunting challenges — language barriers, financial strain, lack of legal assistance, and years-long delays — before they can entertain any hope of resolving their immigration status. Against this rather bleak backdrop comes the low-profile case of Santos-Zacaria v. Garland, which the Supreme Court will hear on Tuesday. In … Read the rest