Search Results for: sotomayor

The Supreme Court refused Friday to re-instate a federal district court order that extends Texas mail-in voting during the COVID-19 pandemic. The Supreme Court released a brief statement announcing its denial. It also included a statement from Justice Sotomayor: This application raises weighty but seemingly novel questions regarding the Twenty-Sixth Amendment.  I do not disagree [...]

The US Supreme Court ruled 7-2 Thursday in Department of Homeland Security v. Thuraissigiam that asylum seekers can be denied review of their immigration status under the federal habeas statute. This case came about when Vijayakumar Thuraissigiam was caught crossing the border into the US. He claimed that he was fleeing Sri Lanka and seeking [...]

The Supreme Court created quite a stir recently when it held in Bostock v. Clayton Country, Georgia that Title VII, the major federal anti-employment-discrimination law, protected gay and transgender employees on the same basis as heterosexual employees. Deciding three companion cases involving different employees, the Court filled a major gap in employee protection – most [...]

Today, the U.S. legal system faces a public that is becoming increasingly impatient with systemic unequal protection of the law. As the peaceful arbiter of disputes in a democratic society, the judiciary cannot stray too far from that public, lest its legitimacy be lost. However, recent Supreme Court jurisprudence has pulled that judiciary further from [...]

The US Supreme Court ruled 8-1 Monday that the Securities and Exchange Commission may seek disgorgement awards in securities fraud cases. The question came to the Court through Liu v. Securities and Exchange Commission, which involves a scheme to defraud foreign individuals seeking permanent residence in the United States through the EB-5 Immigrant Investor Program. [...]

The Supreme Court today issued a decision that the Trump administration’s rescission of DACA, Deferred Action for Childhood Arrivals, was unlawful because it failed to explain adequately why it ended DACA. In an opinion by Chief Justice Roberts, the Court determined that the DACA rescission was arbitrary and capricious in violation of the Administrative Procedure [...]

The US Supreme Court decided on Thursday that the current administration could not end the Deferred Action for Childhood Arrival program (DACA). Justice Roberts delivered the opinion of the court in the Department of Homeland Security v. Regents University of California, he was joined by Justices Ginsburg, Breyer, Kagan and Sotomayor. DACA has allowed certain [...]

The US Supreme Court held Monday in Thole v. US Bank that plaintiffs who have not experienced an actual financial injury cannot sue pension fund managers. In this case, plaintiffs James Thole and Sherry Smith sued US Bank under the Employee Retirement Income Security Act of 1974 (ERISA) to allege that the defendants violated the [...]

The Supreme Court continued oral arguments by conference call on Wednesday, hearing both Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania and Barr v. American Association of Political Consultants Inc. The first case involves the Affordable Care Act’s (ACA) birth control mandate, which requires employers to provide health insurance that includes [...]

The US Supreme Court ruled Monday in Maine Community Health Options v. United States that health insurance companies that suffered losses related to Affordable Care Act health benefit exchange policies may receive compensation. Insurance companies recently sued the government to receive reimbursement owed for ACA related losses. In an 8-1 decision, the court held that [...]