News & Analysis as of

Race Discrimination Supreme Court of the United States

More Details on Matal v. Tam: Are Other Parts of The Lanham Act at Risk?

by Revision Legal on

As we recently discussed in June, the US Supreme Court declared the disparagement clause of the Lanham Act unconstitutional as a violation of the free speech clause of the First Amendment. In general, the disparagement clause...more

Affirmative Action In College Admissions To Become A Justice Department Priority?

by Jackson Lewis P.C. on

The Trump Administration is preparing to focus on affirmative action in college admissions, according to The New York Times, which reportedly obtained an internal announcement to the Department of Justice (DOJ) Civil Rights...more

Living with the Robust Causality Requirement for Disparate Impact Under the Fair Housing Act

by Baker Donelson on

Two recent decisions from the Ninth Circuit Court of Appeals shine some light on the issue related to the United States Supreme Court's 2015 decision that under the Fair Housing Act recognized a right to seek disparate impact...more

Supreme Court 2016-17 Recap

The politics surrounding the appointment of a new justice to the U.S. Supreme Court dominated the news cycle during the 2016-17 term, but the Court’s decisions themselves have been far from controversial. As the term draws to...more

Nutter Bank Report, May 2017

Supreme Court Rules That Cities Can Sue Lenders Under the Fair Housing Act - The U.S. Supreme Court has issued a decision that reaffirms the standing of municipalities to sue lenders, including banks, for certain...more

U.S. Supreme Court Strikes Down N.C. Congressional Redistricting

by Ballard Spahr LLP on

The U.S. Supreme Court has taken the extraordinary step of finding that two of North Carolina's congressional districts violate the Equal Protection Clause of the 14th Amendment because they impermissibly utilized race as the...more

Supreme Court Decides Cooper v. Harris

by Faegre Baker Daniels on

On May 22, 2017, the U.S. Supreme Court decided Cooper v. Harris, No. 15-1262, holding that a three-judge district court panel did not err in concluding that race furnished the predominant rationale for North Carolina’s...more

Cities Can Sue Banks for Predatory Lending, U.S. Supreme Court Says

by Best Best & Krieger LLP on

While the nationwide economy has steadily improved since the recession, many cities are still clawing their way back to financial stability. California, in particular, was hit hard by the foreclosure crisis, leaving cities in...more

U.S. Supreme Court Holds Municipality Can Sue Banks for Financial Injuries Under the Fair Housing Act, but Whether There is...

by Sedgwick LLP on

In a 5-3 decision in Bank of America Corp. et al. v. City of Miami, Florida (No. 15-1111 and No. 15-1112, May 1, 2017), the United States Supreme Court held that the City of Miami (“City”) was an “aggrieved person” authorized...more

U.S. Supreme Court Sides with Cities, Allowing Lawsuits Against Banks for Fair Housing Act Violations - Bank of America v. City of...

by Best Best & Krieger LLP on

The U.S. Supreme Court has given the City of Miami the go-ahead to sue banks under the Fair Housing Act for alleged racially discriminatory lending practices that resulted in increased foreclosures and fiscal harm to the...more

Supreme Court Rules that Cities Can Sue Banks for Predatory/Discriminatory Lending

by Ballard Spahr LLP on

The U.S. Supreme Court has ruled, by a 5-3 majority, that the city of Miami was authorized to bring lawsuits based on allegations that banks engaged in financial-crisis-era discriminatory lending. The city alleged that the...more

Supreme Court Decides Bank of America Corp. v. Miami

by Faegre Baker Daniels on

On May 1, 2017, the Supreme Court of the United States decided Bank of America Corp. v. City of Miami, No. 15-1111, holding (1) that a city qualifies as an “aggrieved person” able to bring suit under the Fair Housing Act, but...more

The Supreme Court - May 01, 2017

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in two cases today: Bolivarian Republic of Venezuela v. Helmerich & Payne Int’l Drilling Co., No. 15-423: Respondent companies brought suit in federal court against...more

Supreme Court Decides Bethune-Hill v. Virginia State Board of Elections

by Faegre Baker Daniels on

On March 1, 2017, the United States Supreme Court decided Bethune-Hill v. Virginia State Board of Elections, No. 15-680, holding that parties may show race was a predominate factor in redistricting either through...more

Natasha Baker Breaks Down Fisher II on Law360

by Hirschfeld Kraemer LLP on

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

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

What Employers With Affirmative Action Policies Need to Know About a Recent Supreme Court Decision

by Foley & Lardner LLP on

Many employers who have read about the U.S. Supreme Court’s recent affirmative action decision are wondering what impact, if any, the ruling will have on them. After all, the main issue in that case was the propriety of a...more

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

by Hirschfeld Kraemer LLP on

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

by FordHarrison on

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

by Shipman & Goodwin LLP on

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

June 2016: Trial Practice Update

Jury Selection—Batson v. Kentucky Is Alive and Well. Last month the United States Supreme Court issued its long-awaited decision in Foster v. Chatman, 578 U.S. (2016), reaffirming its 30-year-old decision in Batson v....more

The Second Coming of Fisher: UT Austin’s Race-Conscious Admissions Policy Upheld by SCOTUS

On June 23, 2016, the U.S. Supreme Court upheld the University of Texas at Austin’s use of race in its admissions policies and procedures by rendering a decision in the second case brought by Abigail Fisher, a white woman who...more

Supreme Court Upholds Consideration of Race in a College Admissions Program – What Does This Mean for Employer Diversity Efforts?

by Littler on

On June 23, 2016, the U.S. Supreme Court issued an opinion for the second time in Fisher v. University of Texas at Austin, (Fisher II), a case that directly questioned whether race can be considered at all in college...more

High Court Finds UT Austin Race-Conscious Admissions Process Constitutional

by Jackson Lewis P.C. on

In a 4-3 decision on Thursday, June 23, 2016, the United States Supreme Court upheld the University of Texas’s (UT) race-conscious admissions program. The decision addressed only UT’s specific admissions policy in effect...more

Fisher, the Sequel: Supreme Court Upholds Public University’s Affirmative Action Program

On June 23, 2016, the Supreme Court of the United States ruled that the race-conscious admission program that a public university used for undergraduate admissions was lawful under the Equal Protection Clause of the...more

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