Tag: U.S. Supreme Court

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

SCOTUS to Decide If Government Agencies Can Challenge Patents Under AIA

The U.S. Supreme Court is poised to decide whether federal agencies can challenge patents under the America Invents Act (“AIA”). The case, Return Mail Inc. v. United States Postal Service, centers on whether the government qualifies as a “person” who may petition to institute review proceedings under the AIA.  Legal

SCOTUS to Decide Whether Age Discrimination Law Applies to Small Public Employers

One of the first cases considered by the U.S. Supreme Court this term is of particular interest to New Jersey public employers. The issue before the Court is whether the Age Discrimination in Employment Act (ADEA) exempts political subdivisions of a state with less than 20 employees from the Act’s protections.  The

U.S. Supreme Court Asked to Consider NJ Church Grant Case

Morris County is asking the U.S. Supreme Court to determine whether excluding religious institutions from receiving taxpayer funds as part of a historic preservation program conflicts with the Supreme Court’s decision in Trinity Lutheran v. Comer and the First Amendment’s Free Exercise Clause.  Facts of the Case In 2002, the

SCOTUS Rules Agency Shop Fees Are Unconstitutional

The U.S. Supreme Court dealt a crushing blow to the country’s public unions in Janus v. American Federation of State, County, and Municipal Employees, Council 31. By a vote of 5-4, the Court held that public-sector “agency shop” arrangements run afoul of the First Amendment. The Court also expressly overruled

U.S. Supreme Court to Consider Constitutionality of Public Union Fees

The Justices of the United States Supreme Court are hoping that the third time is the charm when it comes to the constitutionality of public union fees. The Court recently added Janus v. American Federation of State, County, and Municipal Employees, Council 31 to its docket for the October 2017

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