Supreme Court

Tough questions for both sides in dispute over “remain in Mexico” policy

Tough questions for both sides in dispute over “remain in Mexico” policy

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The Supreme Court heard oral argument on Tuesday in the battle over the Biden administration’s efforts to end one of the Trump administration’s signature immigration policies. The lower courts ordered the Biden administration to reinstate the controversial policy, which requires asylum seekers to stay in Mexico while they wait for a hearing in U.S. courts. During nearly two hours of oral argument in Biden v. Texas, the justices appeared torn on whether the Biden administration must maintain the … Read the rest

Civil Law

CBP to Issue Warning Letters to Certain Importers in Advance of Uyghur Forced Labor Prevention Act Implementation

In December 2021, President Biden signed the Uyghur Forced Labor Prevention Act (“UFLPA”) into law. The UFLPA creates a rebuttable presumption that goods “mined, produced, or manufactured wholly or in part” in the Xinjiang Uyghur Autonomous Region (“XUAR”) of China, or by certain other entities in China, are made with forced labor and that such goods, wares, articles, and merchandise are not entitled to entry to the United States.[1] The presumption applies unless the Commissioner of … Read the rest

Supreme Court

In the case of the praying football coach, both sides invoke religious freedom

In the case of the praying football coach, both sides invoke religious freedom

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Joseph Kennedy had never coached football when Bremerton High School, a public school near Seattle, Washington, hired him in 2008. He was too small to play in high school, and his football experience was limited to playing for two years while he was in Hawaii serving in the Marines.

Kennedy describes the school district’s decision to hire him to coach the school’s junior varsity team and to serve as an assistant for the varsity team as a “fluke”: His … Read the rest

Supreme Court

Justices will clarify how death-row prisoners can contest a state’s method of execution

Justices will clarify how death-row prisoners can contest a state’s method of execution

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The Supreme Court doesn’t care all that much for method-of-execution challenges. It particularly disfavors Eighth Amendment litigation attacking familiar lethal injection protocols as “cruel and unusual” punishment. In the past 20 years, the court has announced substantive constitutional law, pleading requirements, and timeliness rules that make it harder to win such arguments. Nance v. Ward (to be argued on Monday) is about the procedural vehicle that prisoners must use to challenge execution methods. The case is important because Georgia’s … Read the rest

Civil Law

State AG Updates: March 31-April 6, 2022

Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken. Here are this week’s updates.

Multistate

  • A multistate coalition of 23 attorneys general led by New York Attorney General James and California Attorney General Bonta filed an amicus brief in the U.S. Court of Appeals for the Sixth Circuit in support of the Biden-Harris administration’s efforts to restore access to Title X federal funding for family planning services. The Biden-Harris administration is attempting to
… Read the rest
Civil Law

Employee Terminations: Breaking Up is Hard to Do

Firing an employee can be much like breaking up with a significant other– stressful, messy, and awkward. No one wants to be the “bad guy,” and oftentimes it feels kinder to sugarcoat the facts rather than telling an employee the real reason for termination. But those good intentions may land employers in hot water.

A recent case serves as a potent reminder that an employer should always give the real reason or reasons for termination. As a result of failing … Read the rest