The Supreme Court decision in New York State Rifle & Pistol Association v. Bruen, 597 U.S. ___, 142 S.Ct. 2111, 213 L.Ed.2d 387 (2022), is an odd decision. In that opinion Justice Thomas found that no law regarding possession of firearms could withstand judicial scrutiny unless it could be shown that the law fits with
U.S. Supreme Court
Supreme Court Strengthens Ministerial Exception
This past week, the US Supreme Court addressed a nagging question, how far does the ministerial exception to Title VII go? The problem occurs in religious schools. A teacher may teach a wide range of subjects, with only 10% of her time devoted to teaching religious subjects. Is that teacher subject to the minister exception…
Stare Decisis Under Attack
It is extremely rare for the U.S. Supreme Court to overturn one of its prior decisions. Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), comes to mind. But, that decision overruled the “separate but equal” ruling in Plessy v. Ferguson, 163 U.S. 537 (1896) decision. See that decision in Brown…
Pres. Trump Threatens Judicial Independence
It is extremely rare for a Chief Justice of the United States Supreme Court to fuss at the President. Yet, that is what Chief Justice Roberts has done. Pres. Trump complained that an “Obama judge” ruled against him. The next day, Chief Justice Roberts said we do not have Obama judges, Bush judges, or Clinton…
Discovery Sanction Award Overturned
Most lawyers avoid discovery sanctions like the plague. Yet, some parties accept the risk. One recent sanctions award amounted to $2.7 million. In a lawsuit entitled Goodyear Tire & Rubber Co. v. Haeger, the U.S. Supreme Court heard an appeal regarding that very lag sanction award. Justice Elena Kagan ruled in a unanimous opinion…
Supreme Court Overturns Conviction Because of Racist Juror
The decision in Pena-Rodriguez v. Colorado did not receive much attention. But, it should have. In that case, a Mexican immigrant was found guilty of assaulting two teenage girls. After the verdict, a member of the jury reported that another member of the jury said some racist things about Mr. Pena-Rodriguez. The jury was all…
Tie Vote Means System of Union Dues Will Remain
So, the system in which union dues are collected from all employees remains in place. By a tie, 4-4 vote, the U.S. Supreme Court fails to reach a consensus opinion. That means the lower court’s opinions stand. In this case, that means unions win because most lower courts upheld the long-standing custom of deducting union…
“Fix the Court” Does not Want a True Fix
As a country, most of us subscribe to certain precepts. These certain precepts keep things running in our country. One of those precepts is that the U.S. Supreme Court is the final arbiter of constitutional issues. Over the last couple of centuries, most of us have come to accept that Supreme Court’s role in deciding…