Court: U.S. Supreme Court

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In Trump v. CASA, Inc., 2025 WL 1773631 (U.S. 2025), the U.S. Supreme Court ended the so-called “universal injunction” – here, an order issued by a single U.S. District Court to stop nationwide implementation of an Executive Order. While this case arose from challenges to the president’s Executive Order ending “birthright citizenship,” this decision does…

Read More U.S. Supreme Court Limits “Universal Injunctions” in “Birthright Citizenship” Case
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In Stanley v. City of Sanford, Fla., 2025 WL 1716138 (U.S. June 20, 2025), the U.S. Supreme Court interpreted the Americans with Disabilities Act (ADA) and addressed the question of whether that statute “reaches discrimination against retirees who neither hold nor desire a job whose essential tasks they can perform with reasonable accommodation.” The Court…

Read More Supreme Court: Retiree’s ADA Disability Discrimination Claim Properly Dismissed
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In a unanimous opinion issued today (authored by Justice Jackson), Ames v. Ohio Dept. of Youth Services, No. 23-1039, the U.S. Supreme Court vacated a lower court opinion, holding that majority-group plaintiffs are not required to meet a heightened evidentiary standard of showing “background circumstances” to establish a prima facie case of discrimination at the…

Read More SCOTUS Rejects Heightened Evidentiary Standard in “Reverse Discrimination” Cases
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Recently, the U.S. Supreme Court held, in Erlinger v. United States, 2024 WL 3074427 (U.S. June 21, 2024), that a criminal defendant is entitled, under the Fifth and Sixth Amendments, to have a jury unanimously determine beyond a reasonable doubt whether his past offenses were committed on separate occasions for purposes of the Armed Career…

Read More A Brief History of Trial by Jury in the United States, Per the 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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