Nathan Adams IV on SCOTUS

Religious Institutions Update: July 2023

Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more

U.S. Supreme Court Rules Race-Conscious College Admissions Are Unconstitutional

In a historic ruling on June 29, 2023, the U.S. Supreme Court held that the race-conscious admissions policies of Harvard College and the University of North Carolina at Chapel Hill (UNC) are unconstitutional. A copy of the...more

6/30/2023 / Affirmative Action , Civil Rights Act , College Admissions , Colleges , Diversity , Educational Institutions , Equal Protection , Fourteenth Amendment , Race Discrimination , SCOTUS , Students for Fair Admissions v Harvard College , Students for Fair Admissions v University of North Carolina , Title VI , Universities

U.S. Supreme Court Stays OSHA Vaccine Mandate, But Allows Enforcement of CMS Vaccine Mandate

The U.S. Supreme Court today reached split decisions on the so-called vaccination mandates issued, respectively, by the Occupational Safety and Health Administration (OSHA) and the Centers for Medicare & Medicaid Services...more

1/14/2022 / Administrative Authority , Biden Administration , Biden v Missouri , Centers for Medicare & Medicaid Services (CMS) , Constitutional Challenges , Coronavirus/COVID-19 , Employer Mandates , Healthcare Workers , Lack of Authority , National Federation of Independent Business v Department of Labor and OSHA , OSHA , Preemption , SCOTUS , Stays , Temporary Regulations , Vaccinations , Virus Testing , Workplace Safety

U.S. Supreme Court Weighs Arguments on OSHA and CMS Mandates

The U.S. Supreme Court today heard oral argument on applications to stay both the Occupational Safety and Health Administration (OSHA) and Centers for Medicare & Medicaid Services (CMS) vaccine mandates. As in prior cases...more

1/10/2022 / Centers for Medicare & Medicaid Services (CMS) , Coronavirus/COVID-19 , Employer Mandates , Oral Argument , OSHA , SCOTUS , Vaccinations , Virus Testing , Workplace Safety

Religious Institutions Update: July 2020

Several recent cases concern challenges to executive orders relating to COVID-19 limiting the ability of churches to assemble and imposing other limitations. Beginning with appellate decisions, these cases are summarized in...more

Supreme Court: Ministerial Exception Bars Teachers' Age and Disability Discrimination Claims

The U.S. Supreme Court ruled 7-2 in Our Lady of Guadalupe School v. Morrissey-Berru, Nos. 19-267 and 19-348 (July 8, 2020), that the First Amendment ministerial exception doctrine bars courts from entertaining an age or...more

7/13/2020 / Age Discrimination , Appeals , Disability Discrimination , Employment Discrimination , First Amendment , Freedom of Religion , Ministerial Exception , Our Lady of Guadalupe School v Morrissey-Berru , Religious Schools , Reversal , SCOTUS , Teachers

U.S. Supreme Court: Excluding Religious Schools from a Scholarship Program Is Unconstitutional

In Espinoza v. Montana Department of Revenue, No. 18-1195, 2020 WL 3518364 (June 30, 2020), the U.S. Supreme Court ruled that Montana could not exclude religious schools from a tax credit scholarship program on the grounds...more

7/6/2020 / Compelling Governmental Interest , Constitutional Challenges , Espinoza v Montana Department of Revenue , Establishment Clause , Free Exercise Clause , No Aid Clause , Private Schools , Religious Discrimination , Religious Schools , Remand , Reversal , Scholarships , SCOTUS , State Aid , State Constitutions , Strict Scrutiny Standard , Tuition

Food and Beverage Law Update: June 2018

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

6/12/2018 / Age Discrimination , Agricultural Sector , Americans with Disabilities Act (ADA) , Appeals , Arbitration , Arbitration Agreements , Baby Products , Banks , Beverage Manufacturers , Breweries , Business Torts , Class Action , Class Action Arbitration Waivers , Competition , Consumer Protection Laws , Cybersecurity , Data Breach , Data Security , Debit and Credit Card Transactions , Department of Labor (DOL) , Disability Discrimination , Dismissals , Distributors , Economic Loss Doctrine , Epic Systems Corp v Lewis , Equal Employment Opportunity Commission (EEOC) , Failure To State A Claim , Fair Labor Standards Act (FLSA) , False Advertising , False Statements , Federal Arbitration Act , Financial Institutions , Food Labeling , Food Manufacturers , Former Employee , FTC Act , Grocery Stores , Hackers , Hiring & Firing , Lanham Act , Menu-Labeling , Misleading Statements , Negligence , Nutrition Facts Labels , Organic , Over-Time , Personal Information Protection Act , Personally Identifiable Information , Popular , Preemption , Product Packaging , Putative Class Actions , Reasonable Accommodation , Regulatory Agenda , Remand , Restaurant Industry , Retailers , Reversal , Rulemaking Process , Savings Clause , SCOTUS , Standing , State Law Claims , Summary Judgment , Unfair or Deceptive Trade Practices , USDA , Wage and Hour

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

6/8/2018 / Administrative Agencies , Americans with Disabilities Act (ADA) , Anti-Discrimination Policies , Appeals , Churches , Colleges , Defamation , Dismissals , Equal Employment Opportunity Commission (EEOC) , Establishment Clause , Fair Labor Standards Act (FLSA) , Fiduciary Duty , First Amendment , Free Exercise Clause , Free Speech , Funeral Homes , Hiring & Firing , Historic Preservation , Hospitals , LGBTQ , Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission , Minimum Wage , New Rules , Preliminary Injunctions , Priests , Private Sector , Property Owners , Public Accommodation , Public Funds , Race Discrimination , Religious Discrimination , Religious Freedom Restoration Act (RFRA) , Religious Institutions , Restaurant Industry , Retaliation , Reversal , Same-Sex Marriage , SCOTUS , Sex Discrimination , Sexual Stereotyping , Summary Judgment , Teachers , Title VII , Transgender , Trump Administration , Trustees , Trusts , Universities , Unpaid Wages , Wage and Hour , Writ of Prohibition

Supreme Court: Public Benefit Programs Cannot Exclude Churches Solely Because They Are Religious

In Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577 (June 26, 2017), the U.S. Supreme Court ruled 7-2 that excluding a church from a public benefit program for which it is otherwise qualified violates the Free...more

6/28/2017 / Churches , Constitutional Challenges , First Amendment , Free Exercise Clause , Public Benefits , Religious Discrimination , Religious Institutions , Religious Schools , SCOTUS , State and Local Government , State Funding , Trinity Lutheran Church of Columbia Inc. v Comer

Religious Institutions Update: June 2017

Timely Topics - The U.S. Supreme Court recently heard oral argument in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577. The lawsuit concerns whether the daycare operated by a Missouri church may qualify...more

Supreme Court Reaffirms University's Race-Conscious Admissions Policy

In a much-anticipated decision, the U.S. Supreme Court upheld the University of Texas at Austin's race-conscious undergraduate admissions policy. That policy applies to roughly 25 percent of the incoming class. The other 75...more

6/24/2016 / Affirmative Action , College Admissions , Colleges , Diversity , Educational Institutions , Fisher v University of Texas , Race Discrimination , SCOTUS , Universities , University of Texas

Religious Institutions: September 2015

Respondeat superior (literally, "let the master answer" in Latin) is a doctrine that applies when an employer or principal has the ability and authority to direct and control the pertinent acts of the employee. Put otherwise,...more

Religious Institutions: August 2015

The decision by the United States Supreme Court on same-sex marriage has been greeted with praise and disdain by different corners of the country. The faith-based community has been especially outspoken. This is not...more

Religious Institutions: June 2015

Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more

Religious Institutions Update - July 2014

The U.S. Supreme Court ruled in Burwell v. Hobby Lobby Stores, Inc. that an existing contraceptive coverage mandate violates the Religious Freedom Restoration Act statute that applies to for-profit closely held corporations...more

7/17/2014 / Affordable Care Act , Burwell v Hobby Lobby , Closely Held Businesses , Contraceptive Coverage Mandate , Contraceptives , Employer Mandates , Hobby Lobby , Religious Exemption , Religious Freedom Restoration Act (RFRA) , SCOTUS

Supreme Court Rules that Lower Courts Failed to Apply Rigorous Enough Scrutiny to Racial Classification in Higher Education...

In a 7-1 opinion, the United States Supreme Court concluded in Fisher v. Univ. of Texas, No. 11-345 (June 24, 2013) that lower courts had failed to apply a rigorous enough scrutiny to the University of Texas' use of racial...more

6/27/2013 / Affirmative Action , College Admissions , Diversity , Equal Protection , Fisher v University of Texas , SCOTUS , Strict Scrutiny Standard , Universities

Nathan Adams IV

Holland & Knight LLP

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