As the school year begins, a heightened focus has been placed on schools both nationally and at the local level. Schools are becoming the battlefield where some of the most high-profile cultural clashes occur, which means...more
In 2019, we reported on the case of Kennedy v. Bremerton School District involving a football coach at Bremerton High School in Washington state who was placed on administrative leave by his public school district for praying...more
As I explained in greater detail here, on May 5, 2021, the United States District Court for the District of Columbia determined in Alabama Association of Realtors, et al. v. United States Department of Health and Human...more
This seventh edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a continuation of the trend we identified last week: shutdown challenges, workers' compensation claims, and wrongful death lawsuits...more
In Gaylor v. Mnuchin, the Seventh Circuit Court of Appeals recently held that a tax code exemption for religious housing of ministers does not violate the Establishment Clause of the First Amendment of the U.S. Constitution....more
On March 15, 2019, the U.S. Court of Appeals for the Seventh Circuit held in Gaylor v. Mnuchin that the tax exemption for “ministers of the gospel” (defined below) under Section 107(2) of the Internal Revenue Code (the...more
Key Cases - Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review - In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional...more
The Supreme Court affirmed President Trump’s authority to ban certain foreign nationals from entering the country, finding that such travel restrictions are justified based on national security concerns....more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
By a vote of 5-4, the Supreme Court handed President Trump a tremendous victory by rejecting a challenge to the President’s travel ban” or “Muslim ban” in Trump v. Hawaii. The ban, based on Presidential Proclamation 9645,...more
Earlier this week, the U.S. Supreme Court issued its opinion of Trump v. Hawaii, the case on the third iteration of President Trump’s travel entry ban. This version of the ban was issued as a presidential proclamation in...more
On June 26, 2018, the Supreme Court of the United States upheld the travel ban implemented by the Trump Administration in September 2017. This travel ban was the third permutation after two other travel bans failed to...more
The US Supreme Court issued a decision today upholding the third version of the travel ban established by the Trump administration. This ban, issued via Presidential Proclamation, imposes travel restrictions on citizens of...more
In a big victory for President Trump and for Presidential power to determine who enters the United States, the U.S. Supreme Court, in a 5 to 4 decision written by Chief Justice John Roberts, upheld President Trump’s third...more
Yesterday, the Supreme Court issued its highly anticipated decision in Trump v. Hawaii, 585 U.S. ___ (2018) regarding Presidential Proclamation No. 9645, otherwise known as the “Travel Ban.” ...more
In one of its most anticipated cases in decades, a deeply divided U.S. Supreme Court ruled 5-4 in favor of upholding President Trump’s latest “travel ban” today, delivering a key win to the Trump administration and one of its...more
On June 26, 2018, the U.S. Supreme Court upheld the so-called Trump travel ban. Presidential Proclamation 9645, Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists...more
The U.S. Supreme Court in a 5-4 decision has held that President Donald Trump’s Proclamation No. 9645, known as “Travel Ban 3.0,” can stand. Trump, et al. v. Hawaii, et al., No. 17-965 (June 26, 2018). Certain individuals...more
On June 26, 2018, the U.S. Supreme Court decided Trump v. Hawaii, upholding President Trump’s “travel ban,” which restricts admission to the United States for citizens of certain countries. Presidential Proclamation No....more
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
The United States Court of Appeals for the Eleventh Circuit recently affirmed the lower court’s decision dismissing an Establishment Clause challenge over the approval of a religious center. ...more
Timely Topics - By Shannon B. Hartsfield - The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described as...more
In a 10-3 decision, the 4th Circuit Court of Appeals yesterday upheld the nationwide injunction that had blocked President Trump’s second executive order banning certain travel into the country from taking effect. The Court...more
Just hours before President Trump’s new Executive Order or “Muslim Travel Ban” was to become effective, U.S. District Judge Derrick Watson in Hawaii issued a Temporary Restraining Order to stop the ban from being implemented...more
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