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Equal Protection › Constitutional Challenges

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 -
Epstein Becker & Green

A Headliner Upholding a State Ban on Transition Care for Transgender Minors Leads the Latest Five Decisions - SCOTUS Today

Epstein Becker & Green on

To anyone who has followed the case of United States v. Skrmetti, especially those who attended or listened to the oral argument, the U.S. Supreme Court’s 6–3 holding that a Tennessee law prohibiting certain medical...more

Partridge Snow & Hahn LLP

Higher Ed: New Lawsuit Challenges Federal Grant Program for Hispanic-Serving Institutions

Partridge Snow & Hahn LLP on

A new lawsuit will test the legality of grant programs of the U.S. Department of Education for colleges and universities, charging that these programs unlawfully discriminate based on race or ethnicity....more

Seyfarth Shaw LLP

Supreme Court Upholds Tennessee Transgender Care Ban

Seyfarth Shaw LLP on

In a widely awaited for decision, the Supreme Court in a 6-3 opinion authored by Justice Roberts held that a Tennessee law which prohibits certain medical treatments (puberty blockers and hormones) for transgender minors,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Upholds Tennessee Law Prohibiting Gender-Affirming Care for Children

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On June 18, 2025, the Supreme Court of the United States ruled that a Tennessee law banning gender-affirming care for minors does not classify on the basis of sex in ways that would require heightened scrutiny under the Equal...more

Dorsey & Whitney LLP

The Supreme Court Update - June 18, 2025

Dorsey & Whitney LLP on

The Supreme Court of the United States issued six decisions today: United States v. Skrmetti, No. 23-477: This case addresses a constitutional challenge to Tennessee’s Prohibition on Medical Procedures Performed on Minors...more

Littler

Federal Court Partially Blocks Enforcement of Parts of Executive Orders on DEI and Gender Identity

Littler on

On June 9, 2025, the U.S. District Court for the Northern District of California issued a ruling in San Francisco AIDS Foundation v. Trump, temporarily blocking the enforcement of several provisions in executive orders issued...more

Constangy, Brooks, Smith & Prophete, LLP

The demise of disadvantaged business enterprises

Constangy, Brooks, Smith & Prophete, LLP on

The U.S. DOT agrees to end contract goals for DBEs. In 1983, Congress enacted the Disadvantaged Business Enterprise Program, which requires that the Department of Transportation spend ten percent of federal highway...more

Schwabe, Williamson & Wyatt PC

DOT’s DBE Program Faces Major Overhaul After Lawsuit Settlement Proposal

Schwabe, Williamson & Wyatt PC on

In Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072 (“Mid-America”), the Plaintiffs challenged the United States Department of Transportation’s (“DOT”) use of a rebuttable...more

PilieroMazza PLLC

DBE Program in Peril: Recent Legal Challenges and What They Mean for Women- and Minority-Owned Contractors

PilieroMazza PLLC on

Recent legal challenges jeopardize the future of the Department of Transportation’s (DOT) Disadvantaged Business Enterprise (DBE) program, a long-standing initiative designed to support minority- and women-owned businesses in...more

Goulston & Storrs PC

Equal Protection Not on the Menu This Time

Goulston & Storrs PC on

In North End Chamber of Commerce (“NECC”) v. City of Boston, the NECC and several restaurants in the North End neighborhood of Boston (“Plaintiffs”) filed suit against the City of Boston (“City”), alleging that the City...more

Epstein Becker & Green

Disparate Impact Liability Under Fire

Epstein Becker & Green on

On Wednesday, April 23, 2025, President Trump signed EO 14281, titled Restoring Equality of Opportunity and Meritocracy (EO), stating a new Trump Administration policy “to eliminate the use of disparate-impact liability in...more

Frantz Ward LLP

Trump Attempts to Eliminate Disparate Impact Theory via Recent Executive Order

Frantz Ward LLP on

The disparate impact theory has long been used to argue that an employer’s facially neutral policy has a detrimental effect on a protected class of individuals. An often cited example is the use of an arrest to reject an...more

Troutman Pepper Locke

Navigating DEI in a Shifting Legal Landscape

Troutman Pepper Locke on

Workplace diversity, equity, and inclusion (DEI) programs face more scrutiny than ever in light of President Trump’s recent executive orders regarding DEI policies and programs across the public and private sectors, recent...more

Pullman & Comley, LLC

Is a Civil Rights Lawsuit by Private Parties a Means to Enforce a Federal Free Choice of Medicaid Provider Provision? A Spending...

Pullman & Comley, LLC on

CASE AT A GLANCE - In 2018, Planned Parenthood South Atlantic (PPSAT) and one of its patients, Julie Edwards, sued the administrator of South Carolina’s Medicaid program to enforce the “free choice of Medicaid provider”...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Wisconsin Court of Appeals Finds Taxpayer-Funded College Grant Program to Be Unconstitutional

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On February 26, 2025, the Wisconsin Court of Appeals, District II, determined that a program that provided taxpayer-funded educational grants to financially needy students of specific racial, national origin, and ancestry...more

Meyers Nave

Ninth Circuit Rules on Caste as a Protected Class in CSU’s Anti-Discrimination Policy

Meyers Nave on

On March 12, 2025, the Ninth Circuit issued its decision in Kumar v. Koester, dismissing a constitutional challenge to a university’s anti-discrimination policy that added “caste” as a protected class. Effective January 1,...more

McDermott Will & Emery

Fourth Circuit Stays Preliminary Injunction of Executive Orders Related to DEI Programs

McDermott Will & Emery on

On March 14, 2025, the US Court of Appeals for the Fourth Circuit issued a stay on the US District Court for the District of Maryland’s nationwide preliminary injunction of US President Donald Trump’s executive orders (EOs)...more

Davis Wright Tremaine LLP

New Administration Outlook: NADOHE Injunction on DEI Crackdown Is Stayed – Key Takeaways for Federal Grantees and Contractors

Davis Wright Tremaine LLP on

In an important development in the Trump Administration's campaign to extinguish DEI practices from the private sector, the U.S. Court of Appeals for the 4th Circuit has stayed the district court's preliminary injunction in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Department of Education’s ‘Dear Colleague’ Letter Prohibiting DEI and FAQs Document Challenged in Federal Court

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On March 5, 2025, the National Education Association (NEA) and its New Hampshire affiliate (NEA-NH) sued the U.S. Department of Education, challenging a recently issued “Dear Colleague Letter” (DCL) that informed schools that...more

Ballard Spahr LLP

Federal Court Refuses to Lift Preliminary Injunction Blocking DEI Executive Orders, While EEOC, USDOE, and State AGs Address DEI...

Ballard Spahr LLP on

Last week brought further developments related to the Trump administration’s efforts to curtail what it views as illegal diversity, equity, and inclusion (DEI) initiatives....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOJ Moves to Challenge Illinois Nonprofit Board Disclosure Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The U.S. Department of Justice (DOJ) has been granted judicial leave to intervene in the American Alliance for Equal Rights’ (AAER) suit against the State of Illinois challenging the state’s diversity, equity, and inclusion...more

Shipman & Goodwin LLP

State of Maryland and Washington Federal Judges Enjoin Two of President Trump's Gender Identity Executive Orders

Shipman & Goodwin LLP on

As Justice Kennedy remarked in the landmark decision striking down the Defense of Marriage Act: “The Constitution’s guarantee of equality ‘must at the very least mean that a bare [governmental] desire to harm a politically...more

McGuireWoods Consulting

Health Care Executive Orders And Legal Actions: Part One

McGuireWoods Consulting on

This is part one of a series of executive orders related to health care. Transgender Care - Protecting Children from Chemical and Surgical Mutilation...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Murder, Misogyny, and The Due Process Clause: U.S. Supreme Court Grapples With The Effect Of Unduly Prejudicial Evidence

Pietragallo Gordon Alfano Bosick & Raspanti,... on

In 2004, Appellant, Brenda Andrew was convicted in Oklahoma of first-degree murder and conspiracy to commit first-degree murder for participating in the homicide of her husband to collect his life insurance policy. Andrew was...more

Pullman & Comley - School Law

OCR, DEI and Connecticut Schools – Sorting Through a Legal Minefield

Pullman & Comley - School Law on

If nothing else, the early days of the Trump administration 2.0 have been a whirlwind of legal activity.  Diversity, equity and inclusion efforts have of course been at the forefront and on February 14, 2025 the federal...more

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