Pressure rises to reconsider decades-old ruling on religion at work

Pressure rises to reconsider decades-old ruling on religion at work

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

In the Equal Employment Opportunity Act of 1972, Congress strengthened the religious protections in Title VII of the Civil Rights Act by requiring employers to accommodate all aspects of their employees’ religious beliefs and practices, unless doing so would impose “undue hardship” on the business. Five years later, the court … Read the rest

Justices add four new cases to their docket, including Bivens case, but won’t reconsider Bivens itself

Justices add four new cases to their docket, including <em>Bivens</em> case, but won’t reconsider <em>Bivens</em> itself

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Fifty years ago, in Bivens v. Six Unknown Federal Narcotics Agents, the Supreme Court ruled that a private individual could sue an FBI agent for violating his Fourth Amendment rights, even when there was not a specific law authorizing a claim for damages. In the nine years after Bivens, the court recognized Bivens claims for damages for violations of the Fifth and Eighth Amendments, but in 2017 it stressed that “expanding the Bivens remedy is now a … Read the rest