Court: U.S. Supreme Court

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In Counterman v. Colorado, 143 S.Ct. 2106, 2113–14, 600 U.S. 66 (U.S. 2023), the U.S. Supreme Court discussed the “true threat” exception to First Amendment free speech protection – specifically, the mental state that the state must demonstrate that the defendant had. The Court summarized the black-letter law as follows: From 1791 to the present,”…

Read More U.S. Supreme Court Clarifies Mental State Required for “True Threat” First Amendment Exception
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In Muldrow v. City of St. Louis, Missouri, 2024 WL 1642826 (U.S. April 17, 2024), the U.S. Supreme Court (in an opinion authored by Justice Kagan) held that, in the context of a claim of discrimination in a form of a transfer (here, because of the plaintiff’s sex) in violation of Title VII of the…

Read More U.S. Supreme Court Clarifies Standard For Title VII Discriminatory Transfer Claims
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In 303 Creative LLC, et al v. Aubrey Elenis, et al, 2023 WL 4277208 (U.S. June 30, 2023), the U.S. Supreme Court upheld (6-3) a challenge by a wedding website designer (Lorie Smith) to the (prospective) enforcement of Colorado’s public accommodation discrimination law, as doing so would violate the First Amendment’s Free Speech Clause. Justice…

Read More SCOTUS: First Amendment Prohibits Colorado From Forcing a Wedding Website Designer to Create Websites For Same-Sex Couples
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In a recent decision, Cummings v. Premier Rehab Keller, P.L.L.C., 142 S.Ct. 1562 (U.S. April 28, 2022), the U.S. Supreme Court held that emotional distress damages are not recoverable under the Rehabilitation Act of 1973 or the Patient Protection and Affordable Care Act (ACA), which Congress enacted under the Constitution’s “Spending Clause” (U.S. Constitution, Article…

Read More SCOTUS: Emotional Distress Damages Unavailable Under “Spending Clause” Antidiscrimination Laws
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On May 17, 1954, in Brown v. Board of Ed. of Topeka, 347 U.S. 483 (1954), the U.S. Supreme Court unanimously held that the doctrine of “separate but equal” (announced by the Court in Plessy v. Ferguson, 163 U.S. 537, 16 S.Ct. 1138 (1896)), as applied to public schoolchildren, was inconsistent with the Fourteenth Amendment’s…

Read More On This Day: Brown v. Board of Education, 347 U.S. 483 (1954)
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In National Federation of Independent Business, et al v. Department of Labor, Occupational Safety and Health Administration, et al, 595 U.S. ___ (Jan. 13, 2022), the U.S. Supreme Court stayed OSHA’s emergency temporary standard that required certain private employers (with at least 100 employees) to require covered workers to receive a COVID-19 vaccine, with an…

Read More SCOTUS Largely Strikes Down Biden/OSHA Vaccine Mandate
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On June 23, 2021 the U.S. Supreme Court, in Mahanoy Area School District v. B.L., No. 20-255, 594 U.S. __(2021), affirmed (8-1) a Third Circuit decision that a school’s subjecting a cheerleader to disciplinary action for an off-campus vulgar “Snapchat” post violated her First Amendment rights. Justice Breyer delivered the majority opinion, in which Justices…

Read More SCOTUS Rules in Favor of Snapchat Cheerleader’s First Amendment Rights
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In Roman Catholic Diocese of Brooklyn, New York v. Andrew M. Cuomo, Governor of New York, 592 U.S. ___, 2020 WL 6948354 (U.S. Nov. 25, 2020), the U.S. Supreme Court granted an emergency application for injunctive relief, enjoining Governor Cuomo from enforcing New York Executive Order 202.68‘s 10- and 25-person occupancy limits applicable to houses…

Read More SCOTUS Enjoins Governor Cuomo’s COVID Restrictions on Houses of Worship
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In Our Lady of Guadalupe School v. Morrissey-Berru, 2020 WL 3808420 (U.S. July 8, 2020), the U.S. Supreme Court expanded the so-called “ministerial exception” to employment discrimination claims. From the decision: In the cases now before us, we consider employment discrimination claims brought by two elementary school teachers at Catholic schools whose teaching responsibilities are…

Read More SCOTUS Expands “Ministerial Exception” to Employment Discrimination Claims
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