Supreme Court hears Ashcroft immunity, pregnancy discrimination cases News
Supreme Court hears Ashcroft immunity, pregnancy discrimination cases

[JURIST] The US Supreme Court [official website; JURIST news archive] heard oral arguments [day call, PDF; briefs] Wednesday in two cases. In Ashcroft v. Iqbal [oral arguments transcript, PDF], the Court heard arguments on whether high-ranking US officials are protected by qualified immunity from suit for alleged religious and ethnic discrimination by their subordinates. Javaid Iqbal, a Pakistani national detained during a terror sweep after the 9/11 attacks [JURIST news archive], filed a lawsuit against former US Attorney General John Ashcroft, FBI Director Robert Mueller [official profiles], and other officials, alleging that he was subjected to abuse during his detention in a Brooklyn jail because of his religion and ethnicity. The US Appeals Court for the Second Circuit [official website] allowed the lawsuit to go forward [opinion, PDF], but the Bush administration appealed the ruling, arguing that the officials were protected from suit for the acts of their subordinates. Counsel for petitioners argued that "these allegedly discriminatory determinations, classifications, were made by FBI officials in the field, not Petitioners here, the former Attorney General and director of the FBI. Counsel for the respondents argued that petitioners not only knew about, but approved the policy.

In AT&T Corp. v. Hulteen [oral arguments transcript, PDF], the Court heard arguments on whether maternity leave taken before the passage of the 1978 Pregnancy Discrimination Act [EEOC backgrounder] can be considered in calculating employee pensions. The US Court of Appeals for the Ninth Circuit [official website] ruled [opinion, PDF] that AT&T violated the act by failing to award employees credit for time taken off work for maternity leave before 1978. Counsel for the petitioner argued that the claims are stale and that the employees had fair and adequate notice of the employer's actions. Counsel for respondents argued that this is discrimination within a seniority system that gives "unequal credit for equal service."

THIS DAY @ LAW

Justice Department brings anit-trust action against AT&T

On November 20, 1974, the Department of Justice filed its final anti-trust suit against AT&T. United States v. AT&T was ultimately settled out of court with an agreement that the corporation would break up its monopoly on phone service throughout the country.

Nuremberg war crimes trials began

On November 20, 1945, the war crimes trials of Nazi World War II leaders began in the German city of Nuremberg. Review the Nuremberg Tribunal's Charter and the verdicts and sentences handed down on major war figures.

Winston Churchill born

On November 20, 1874, Sir Winston Churchill was born in Woodstock, England. He would go on to lead the United Kingdom as Prime Minister through World War II. Toward the end of the war, Churchill worked with US President Franklin D. Roosevelt to craft the treaties and accords that have defined the world since WWII. A 2002 poll by the BBC declared Churchill the Greatest Briton of all time.

New Jersey ratifies Bill of Rights

New Jersey ratified the Bill of Rights, a set of 10 fundamental amendments to the US Constitution, on November 20, 1789, becoming the first state to do so. The state also ratified an amendment on federal representation which ultimately failed. Additionally, New Jersey rejected an amendment on congressional salaries, which would eventually become the 27th Amendment more than 200 years later. Read the articles ratified by New Jersey.