Category: Constitutional Law

SCOTUS Declines to Hear School Transgender Bathroom Case

The U.S. Supreme Court has declined to hear Doe v. Boyertown Area School District. The Court’s refusal to grant certiorari means that the Third Circuit’s decision allowing a Pennsylvania school district to adopt a transgender-friendly bathroom policy will remain in place.  Challenge to Transgender Bathroom Policy Prior to the 2016–17 school

SCOTUS Bladensburg Cross Decision Offers Guidance to Local Governments

SCOTUS Bladensburg Cross Decision Offers Guidance to Local Governments

In The American Legion v. American Humanist Association, 588 U. S. ____ (2019), the U.S. Supreme Court held that the Bladensburg Cross does not run afoul of the First Amendment’s Establishment Clause. While the Court’s plurality decision does not establish a bright-line test, it does provide guidance for local governments faced with questions

Oral Arguments Held in NJ Cases Involving Constitutionality of Church Grants

The Supreme Court of New Jersey recently held oral arguments in two cases regarding whether the New Jersey Constitution bans government agencies from giving grants to local churches. The cases are Freedom from Religion Foundation v. Morris County Board of Chosen Freeholders and American Civil Liberties Union of New Jersey v.

US Supreme Court Sides with Church in Grant Funding Suit

In Trinity Lutheran Church of Columbia, Inc. v. Carol S. Comer, Director, Missouri Department of Natural Resources, the U.S. Supreme Court held that the State of Missouri violated the U.S. Constitution when it denied a playground resurfacing grant to the Trinity Lutheran Church of Columbia based solely on its status

SCOTUS Bladensburg Cross Decision Offers Guidance to Local Governments

U.S. Supreme Court Expands NJ Public Schools’ Special Education Obligations

In Endrew F. v. Douglas County School District, the U.S. Supreme Court unanimously held that public schools are responsible for providing students with disabilities education programs that are “more than de minimis.” The Court’s decision significantly expands the obligations of New Jersey public schools under the Individuals with Disabilities Education

Chevron Takes Center Stage in Third Circuit’s FMLA Decision

Proposed Federal Bill Aims to Eliminate Chevron Deference

Congress is currently considering legislation that would dramatically alter administrative law by eliminating so-called “Chevron deference.” The House of Representatives passed the Separation of Powers Restoration Act of 2016 last year, and it is currently pending before the Senate Judiciary Committee. Chevron Deference Under the U.S. Supreme Court’s decision in

Chevron Takes Center Stage in Third Circuit’s FMLA Decision

U.S. Supreme Court Wrap Up: Public Law Decisions from 2016 Term

The U.S. Supreme Court’s October 2016 Term will be most remembered for the vacancy created by the death of Justice Antonin Scalia. While the Court was shorthanded, it did reach decisions in several cases impacting local governments. This post offers a brief review of several key public law decisions: Heffernan