Category Archives: Constitutional Law

Affirmative Action Policy Upheld By Supreme Court

Race may be taken into account when public universities and colleges admit students, ruled the U.S. Supreme Court today. For the second time, the Court was asked to decide whether the University of Texas at Austin’s admissions policy, which uses a variety of affirmative action factors to increase the diversity of its student population, violates …

Read more »

False claims act Supreme court

Religious Freedom Regarding ACA Contraceptive Mandate Still In Limbo

On May 16, 2016, the U.S. Supreme Court offered only limited guidance on the challenges to the religious “accommodation” procedure under the Affordable Care Act’s (ACA’s) contraceptive mandate. Numerous faith-based institutions had challenged the mandate and the procedural requirements for seeking an exemption on religious grounds as violations of the Religious Freedom Restoration Act (RFRA) …

Read more »

False claims act Supreme court

Supreme Court Rules Public Employee Demoted For Perceived Political Activity Can Bring First Amendment Challenge

In a 6-to-2 decision, the Supreme Court ruled that when a public employer demotes an employee in order to prevent the employee from exercising his free-speech rights, the employee may challenge that action as a violation of the First Amendment and §1983, even if the employer was mistaken about the employee’s behavior. The Court found …

Read more »

California Court to PGA Tour Caddies: You’ll Get Nothing and Like It!

golf ball on tee with golf club

As the full swing of the PGA season rounds the corner, and with the azaleas blooming at Augusta, the trusted confidants of golf’s premier players have already missed the cut. Last month, the District Court for the Northern District of California dismissed a lawsuit filed against the PGA Tour by a group of 168 caddies contending …

Read more »

California Court to PGA Tour Caddies: You'll Get Nothing and Like It!

golf ball on tee with golf club

As the full swing of the PGA season rounds the corner, and with the azaleas blooming at Augusta, the trusted confidants of golf’s premier players have already missed the cut. Last month, the District Court for the Northern District of California dismissed a lawsuit filed against the PGA Tour by a group of 168 caddies contending …

Read more »

Dane County Judge: Wisconsin’s “Right to Work” law unconstitutional

In a decision issued April 8, 2016, Dane County Circuit Court Judge William Foust ruled that Wisconsin’s “Right to Work” law violates the Wisconsin Constitution because it takes union property without just compensation (i.e., it is an unlawful taking). According to the Wisconsin Manufacturers & Commerce (WMC), which played a leading role in seeking and attaining passage …

Read more »

False claims act Supreme court

Supreme Court Rules TCPA Class Action Not Mooted by Unaccepted Settlement Offer to Named Plaintiff

Today the U.S. Supreme Court ruled 6-3 that a company’s unaccepted offer of complete relief to a named plaintiff in a putative class action does not moot the plaintiff’s case. Before the ruling, authored by Justice Ruth Bader Ginsburg, there was disagreement among the Courts of Appeals over whether an unaccepted offer can moot a …

Read more »

Wedding and engagement rings

Obergefell Uncertainty re: Same Sex Spousal Benefits

On June 26, 2015, the U.S. Supreme Court removed a cloud of uncertainty for same-sex couples when it ruled, in the landmark decision of Obergefell v. Hodges, that the equal protection and due process clauses of the Fourteenth Amendment require all states to issue marriage licenses to same-sex couples seeking to marry and to recognize …

Read more »

WTF? NLRB’s OK with “Cut the Crap?” – Protected Speech Under the NLRA

The National Labor Relations Board (NLRB) has yet again undercut employers’ efforts to limit profane and vulgar language by workers finding vulgar buttons and stickers to be protected speech under the National Labor Relations Act (NLRA). In Pacific Bell Telephone Company and Nevada Bell Telephone Company d/b/a AT&T and Communication Workers of America, Case # …

Read more »

Supreme Court to Maryland City: Drop Dead – State Income Tax Violates Dormant Commerce Clause

U_S_-Supreme-Court1

On October 30, 1975, The Daily News published one of the most famous headlines in American history – Ford to City: Drop Dead – to paraphrase President Ford’s refusal to extend federal financial assistance to New York City to prevent the City from declaring bankruptcy.  Nearly 40 years later, a different branch of the federal …

Read more »