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Equal Protection › Supreme Court of the United States

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 -
WilmerHale

In That Case: Department of State v. Muñoz

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In this episode of In the Public Interest, co-host Felicia Ellsworth is joined by WilmerHale Partner Lee Greenfield to discuss the Supreme Court’s recent decision in Department of State v. Muñoz. The case concerns the due...more

Snell & Wilmer

Supreme Court Clarifies Evidentiary Contours of Racial and Political Gerrymandering Jurisprudence

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Every ten years, states conduct a redistricting process to redraw state and congressional boundary lines for the selection of elected representatives. Due to its politically thorny nature, this process unsurprisingly results...more

Akerman LLP - Health Law Rx

What’s it to You? Justice Scalia’s 41-Year-Old Gatekeeping Question on “Standing” Influences Court to Uphold FDA’s Regulation of...

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Mifepristone is safe for now. On June 13, 2024, the Supreme Court unanimously held that the plaintiffs — doctors and medical associations alike — lacked standing to challenge 2000 and 2019 FDA approvals of mifepristone (brand...more

Fleurinord Law PLLC

The Importance of Estate Planning for LGBTQ+ Couples in Texas and Florida

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The landscape of marriage in the United States has transformed significantly, particularly for same-sex couples, following pivotal legal battles that sought to recognize their right to marry. Understanding the nuances of...more

Butler Snow LLP

Fifth Circuit Scrutinizes Corporate Diversity Initiatives

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After the U.S. Supreme Court held that Harvard University engaged in unlawful racial discrimination against Asian Americans in its efforts to achieve student body diversity, businesses have rightly sought legal guidance on...more

Hicks Johnson

Supreme Court Considers Title VII Case That Could Impact Company Diversity Initiatives

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On December 6, 2023, the Supreme Court heard oral argument in Muldrow v. City of St. Louis, a Title VII case out of the Eighth Circuit. The petitioner, Sergeant Jatonya Muldrow of the St. Louis Police Department, alleged sex...more

Rumberger | Kirk

Should Diversity, Equity and Inclusion Policies Vanish After Landmark Supreme Court Ruling?

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Last June, the United States Supreme Court held in Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll that affirmative action policies at universities violate the Constitution’s Equal Protection Clause...more

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

DEI Under Scrutiny, Part VI: Supreme Court Declines to Hear Case Over Race-Neutral Measures Allegedly Intended to Increase Racial...

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The Supreme Court of the United States declined to review a case alleging that facially race-neutral admissions criteria at a selective Virginia public high school were unlawfully intended to strike a racial balance, leaving...more

Bowditch & Dewey

Supreme Court Allows West Point to Continue to Use Race in Admissions (For Now)

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On June 29, 2023, admissions policies and practices of many higher ed institutions were forced to pivot when the U.S. Supreme Court ruled that using race to make admissions decisions violated the Equal Protection Clause of...more

Akin Gump Strauss Hauer & Feld LLP

Reviewing the 2022 SCOTUS Term

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In this special episode, Akin Supreme Court and appellate practice head Pratik Shah and partner Aileen McGrath look back at the tumultuous 2022 Supreme Court Term....more

Davis Wright Tremaine LLP

Project W - Diversity, Equity, and Inclusion: Charting a Path Forward

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With the recent spate of legal challenges against DEI initiatives, business leaders are being forced to balance their commitment to principles of diversity, equity, and inclusion with the risk of costly and time-consuming...more

Manatt, Phelps & Phillips, LLP

Abortion Access and Coverage Survey Results: Key Findings

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Editor’s Note: Manatt Health conducted a survey of all 34 states in which abortion is legal as of November 7, 2023, broadly classifying them based on their Medicaid coverage policies, private or exchange-based insurance...more

Conn Kavanaugh

Supreme Court Decision May Impact Your Company’s Diversity, Equity, and Inclusion Initiatives

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The U.S. Supreme Court recently held that it is illegal to consider race in college admissions decisions. While the decision did not apply to employers, employers should be aware that the decision is being used as a roadmap...more

Manatt, Phelps & Phillips, LLP

Supreme Court Will Hear Medication Abortion Case; Three States Ask to Intervene in District Court

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The Big Picture - On December 13, 2023, the Supreme Court announced its intention to review the August 16 ruling by the Fifth Circuit in Alliance for Hippocratic Medicine (AHM) v. U.S. Food and Drug Administration, et al....more

Holtzman Vogel Baran Torchinsky & Josefiak

New Hampshire Supreme Court Holds That Partisan Gerrymandering Is a Nonjusticiable Political Question Under the State Constitution

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On November 29, 2023, the Supreme Court of New Hampshire decided Brown v. Secretary of State, a 3–2 decision that held that partisan gerrymandering (the act of drawing voting districts in a way that favors one political party...more

Greenberg Glusker LLP

[Webinar] What’s Next for DEI Initiatives in the Wake of the SCOTUS Affirmative Action Decision? - January 24th, 10:00 am - 11:00...

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This presentation will include: - Case discussion - Decision's implications for clients, law firms, and courts - Potential solutions...more

ArentFox Schiff

Top 10 ESG Developments for 2023

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2023 saw terms like “ESG,” “greenwashing,” and “circular economy” come into common use. We also saw a tsunami of other environmental, social, and governance (ESG)-related developments at the international, federal, and state...more

Venable LLP

The Supreme Court Cases Employers Should Be Keeping an Eye on in the New Term

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Earlier this year, we wrote about some of the major cases and legal developments for employers to watch in 2023. With the start of the U.S. Supreme Court's new term last month, we are back to provide insight into the next...more

DRI

The Attack on DEI: Safeguarding Corporate DEI Initiatives Post-Supreme Court’s Affirmative Action Decision

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The United States Supreme Court’s recent decision to strike down affirmative action admissions policies in higher education certainly caused a whirlwind reaction from the legal community. On June 29, 2023, the Supreme Court...more

Jackson Lewis P.C.

Anti-Affirmative Action Organization Challenges Race Considerations in Military Academy Admissions

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Continuing its efforts questioning the constitutionality of the use of race in higher education admissions, Students for Fair Admissions (SFFA) has filed a lawsuit in the District of Maryland against the U.S. Naval Academy on...more

Mintz - Employment Viewpoints

Nasdaq’s “Show and Tell” Diversity Disclosure Survives Initial Challenge

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The Fifth Circuit has rejected the challenge to Nasdaq’s “show and tell” diversity rule that requires Nasdaq companies to publicly disclose the makeup of their boards. In Alliance for Fair Board Recruitment, National Center...more

Venable LLP

Tracking the Impact of Securities and Exchange Commission v. Jarkesy and Other Constitutional Challenges Against the FTC

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In recent years, independent agencies have continued to face a number of constitutional and statutory challenges before the Supreme Court. AMG Capital Management struck down the Federal Trade Commission’s authority to obtain...more

Rumberger | Kirk

How HR Can Navigate The Post-Affirmative Action Landscape

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From campus to corporate - Highlights: The Supreme Court’s affirmative action ruling may influence workplace diversity efforts significantly. Title VII implications from the Equal Protection Clause interpretation...more

Manatt, Phelps & Phillips, LLP

State Abortion Shield Laws: Key Findings and Infographic

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Since the Supreme Court overturned Roe v. Wade and states became responsible for abortion protections, a patchwork of laws has been passed across the United States. Some states have strengthened their protections to promote...more

Skadden, Arps, Slate, Meagher & Flom LLP

Corporate DEI Policies Face Scrutiny Following SCOTUS Affirmative Action Decision

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The U.S. Supreme Court struck down race-based affirmative action in higher education in June 2023, effectively foreclosing the consideration of race in and of itself in that context. Although the Court’s decision was...more

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