Equal Protection

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
News & Analysis as of

South Carolina Court Decides Key Health Care Case - Physical therapists win in employment lawsuit

The South Carolina Supreme Court has decided a case with great significance in the health care industry. The court overturned a ban on physicians employing physical therapists and gave guidance regarding how state agencies...more

New Complaint Challenges Constitutionality of Connecticut Educational System

On August 23, 2016, four Connecticut parents, on behalf of themselves and their seven children, filed a 71-page complaint in the United States District Court for the District of Connecticut against Governor Dannel Malloy and...more

Where to Draw the Line: Who Gets to be Exempt?

Legal challenges to controversial provisions in the Affordable Care Act (ACA) continue to work their way though the courts. In a follow-on to the Supreme Court’s decisions in Burwell v. Hobby Lobby and Zubik v. Burwell...more

RLUIPA Defense/Rocky Mountain Sign Law Joint Blog Post: Pennsylvania Borough’s Church Directional Signs Did Not Violate the...

Late last month, a federal district court in Pennsylvania ruled that directional signs to a church, which contained images of a cross and bible, did not violate the Establishment Clause of the First Amendment. The...more

A Distinction without a Difference

On April 8, 2016, we posted a blog regarding the case of Quality Built Homes, Inc. v. Town of Carthage, ___N.C. App. ___, 766 S.E. 2d 897 (2015)(unpublished). In this case, the Court of Appeals had held that the Town of...more

Buddhist Meditation Center Sues Mobile, AL

The Thai Meditation Association of Alabama and several individual plaintiffs (the “Center”) have filed suit against the City of Mobile, Alabama, its  Planning Commission, and City Council (“Mobile”) after the Center was...more

Business Litigation Report - August 2016

Circuit Courts Align to Shield SEC Administrative Proceedings from Collateral Constitutional Attack - In response to the financial crisis of the late 2000s, Congress passed the Dodd-Frank Wall Street Reform and Consumer...more

August 2016: Circuit Courts Align to Shield SEC Administrative Proceedings from Collateral Constitutional Attack

In response to the financial crisis of the late 2000s, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) in 2010. Previously the SEC could pursue civil penalties only against...more

Plains All American Case Dismissed – Federal Court Determines Holder Must Develop Factual Record Before Challenging Kelmar...

On August 16, 2016, the U.S. District Court for the District of Delaware granted Kelmar’s and Delaware’s motions to dismiss in Plains All American Pipeline, L.P., v. Cook, et al. The court determined that the Plaintiff (1)...more

Religious Institutions Update: August 2016

When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more

Challenges to the Constitutionality of Indiana’s Med Mal Caps Continue Despite a Recent Legislative Compromise

Indiana’s Medical Malpractice Act’s caps on damages have survived constitutional challenges since their inception in 1975. In 1980, the Indiana Supreme Court, in Johnson v. St. Vincent Hosp., Inc., 273 Ind. 374, 404 N.E.2d...more

Ninth Circuit Holds Section 1983 First Amendment Retaliation Claim Not Necessarily Precluded By Age Discrimination in Employment...

On August 5, 2016, the U.S Court of Appeals for the Ninth Circuit held that the Age Discrimination in Employment Act (ADEA) does not preclude a First Amendment retaliation claim under section 1983 of the federal Civil Rights...more

A look at the legal issues in the transgender bathrooms debate

On Wednesday, the U.S. Supreme Court signaled that it may take up the question of whether and to what extent educational institutions are required to permit transgender individuals to use the bathroom that corresponds to...more

Transgender Student Files First Discrimination Suit Against Wisconsin School District

Last Tuesday, the Kenosha Unified School District (“KUSD” or “the District) became the first Wisconsin school district to be sued under federal law by a transgender student alleging the District and its representatives have...more

Supreme Court Declines to Review Constitutionality of SEC In-House Court

The SEC’s increased use of its own "home court" for enforcement proceedings has triggered constitutional challenges to SEC administrative proceedings (APs). See "Defendants Challenge SEC’s Increased Use of Administrative...more

Supreme Court Poised to Weigh in on Transgender Rights

In recent years, state and federal courts have consistently ruled in favor of those seeking to define their gender identity. However, the Supreme Court has yet to weigh in — a situation that is about to change as the...more

Natasha Baker Breaks Down Fisher II on Law360

On June 23, 2016, the U.S. Supreme Court issued its long-awaited decision in Fisher v. University of Texas at Austin (Case No. 14–981)(Fisher II), ending nearly eight years of litigation involving UT’s use of race as a factor...more

Lessons From Fisher V. University Of Texas

By now, nearly everyone in higher education knows that the U.S. Supreme Court upheld the University of Texas's race-conscious admissions policy, turning back an effort to derail affirmative action. But the Court's ruling in...more

Wyoming Prohibits Trespassing For Resource Data Collection: Might Massachusetts Follow?

In a fascinating case, Judge Scott Skavdahl (who recently struck down BLM’s fracking regulations) dismissed challenges from NRDC and PETA, among others, to a Wyoming law that prohibits trespassing on private land for the...more

Controversy Over Interior’s Trust Authority in Alaska Remains Unresolved

A majority panel of the U.S. Court of Appeals for the District of Columbia Circuit recently dismissed the State of Alaska’s challenge to the U.S. Secretary of the Interior’s authority to acquire land in trust for Alaska...more

Supreme Court Update: Order List 7/5/16

Greetings, Court Fans! This time last year, as we summarized Obergefell v. Hodges (2015), King v. Burwell (2015), among other decisions, all the talk was about the Supreme Court's "left turn." But some observers...more

Unexpected Affirmative Action News: The U.S. Supreme Court Affirms that Universities and Colleges May Continue to Use Race as a...

On June 23, 2016, in Fisher v. University of Texas et al., (“Fisher II”), the United States Supreme Court voted 4-3 to uphold the limited use of race in college and university admissions. The result was somewhat surprising...more

Supreme Court Upholds University Affirmative Action Admissions Policy

On June 23, 2016, the U.S. Supreme Court held for the second time that race may be taken into account when public universities and colleges admit students. In a 4-3 decision (Justice Kagan recused herself based on her prior...more

U.S. Supreme Court Upholds Race-Conscious Admissions Program

In a decision sending waves through the tertiary education community and beyond, the U.S. Supreme Court upheld—by a four to three vote—the University of Texas’ (the University) race-conscious admissions program as lawful...more

Affirmative Action after Fisher II: Lessons from the University of Texas Experience

Now that the Supreme Court has upheld the use of race as a “factor of a factor of a factor” in the University of Texas’s admissions program, institutions can glean some guidance from the decision to create and administer...more

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