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Equal Protection Fourteenth Amendment Appeals

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 -
Offit Kurman

Due Process in South Carolina Then and Now: Lessons from George Stinney's Case

Offit Kurman on

George Stinney was fourteen years old when he was arrested for the murder of Betty June Binnicker and Mary Emma Thames in Alcolu, South Carolina. He is one of the youngest Americans sentenced to death and executed in the 20th...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

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

Holtzman Vogel Baran Torchinsky & Josefiak

Second Department Reverses Trial Court and Holds State Voting Rights Act to Be Constitutional

On January 30, 2025, the Appellate Division Second Department handed down a decision regarding the constitutionality of the New York State Voting Rights Act. The case, Clarke v. Town of Newburgh, concerned a challenge under...more

Snell & Wilmer

Board Diversity Initiatives Falter in the Courts but Investor Interest Is Likely to Remain Strong

Snell & Wilmer on

Last year, Superior Courts in Los Angeles County invalidated two California statutes requiring specific diversity mandates for California public company boards (Senate Bill 826 “SB 826” and Assembly Bill 979 “AB 979”). The...more

Carlton Fields

If at First You Don’t Succeed, Maybe Appeal Rather Than Try, Try Again

Carlton Fields on

On August 4, 2022, the Seventh Circuit Court of Appeals issued a short opinion that is chock-full of helpful reminders about the relationships between post-judgment and appellate practices. In Word Seed Church v. Village of...more

McAfee & Taft

Court applies Bostock’s “because of… sex” ruling to Title IX case

McAfee & Taft on

This past June, the U.S. Supreme Court decision in Bostock v. Clayton County expanded the protections of Title VII, which prohibits an employer from discriminating against an employee or applicant “because of … sex,” to...more

Fisher Phillips

Federal Appeals Court Rules In Favor Of Transgender Teen In Landmark Bathroom Case

Fisher Phillips on

In a major win for transgender rights, the 4th Circuit Court of Appeals recently ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his former school, finding that the school district violated his...more

Fisher Phillips

Pennsylvania Federal Judge Rules Governor’s Shutdown Orders Unconstitutional

Fisher Phillips on

A federal court judge in Pennsylvania just ruled that the governor’s COVID-19 orders shutting down businesses and restricting gatherings are unconstitutional and therefore unenforceable. By striking them down, the judge set...more

Spilman Thomas & Battle, PLLC

Governor Wolf’s COVID-19 Orders Fall Under Constitutional Challenge

Since March, Pennsylvania Governor Tom Wolf and his administration have responded to the COVID-19 pandemic by imposing some of the strictest limitations in the country on the Commonwealth’s residents and businesses. Now, a...more

Fox Rothschild LLP

The Ups And Downs (And Up Again?) Of A Batson Challenge

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In Batson v. Kentucky, 476 U.S. 79 (1986), the U.S. Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment prevents prosecutors in criminal cases from exercising peremptory challenges to excuse...more

Spilman Thomas & Battle, PLLC

Challenges to Shutdown Orders Reach the U.S. Supreme Court

On April 27, 2020, a group of petitioners asked the Supreme Court of the United States to stay the enforcement of Pennsylvania Governor Tom Wolf’s March 19, 2020, executive order that closed many of the Commonwealth’s...more

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

Eleventh Circuit Denies Plaintiffs’ Right to Challenge Alabama Law as Discriminatory

On December 13, 2019, a split Eleventh Circuit Court of Appeals (sitting en banc) ruled that several black plaintiffs lacked standing to challenge the discriminatory intent behind an Alabama law that blocked the city of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Virginia House of Delegates v. Bethune-Hill

On June 17, 2019, the Supreme Court of the United States decided Virginia House of Delegates v. Bethune-Hill, No. 18-281, holding that the Virginia House of Delegates and its speaker lacked standing to appeal an order...more

FordHarrison

"Here We Go Again": Transgender Bathroom Dispute Headed Back to the Fourth Circuit

FordHarrison on

The protracted case of Gavin Grimm is set to be heard once again by the United States Court of Appeals for the Fourth Circuit. ...more

Jaburg Wilk

Arizona Supreme Court Decides Parentage of Children born in Same Sex Marriages

Jaburg Wilk on

On September 19, 2017, the Arizona Supreme Court delivered its decision in McLaughlin vs. Jones, (CV-16-0266-PR) answering the question of whether the statutory presumption of parenthood arising from a marriage applies...more

Carlton Fields

Preserving Constitutional Issues: Three States, Three Cases, One Hard Lesson

Carlton Fields on

Late last year, three states illustrated an important point about preserving constitutional law issues for appeal: always be on the lookout for constitutional law issues at the beginning of the case. ...more

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