Topic
Equal Protection
588 published works
Religion Clause
Suit Charges Selective Granting of Religious Exemptions From COVID Vaccine Mandate
A class action lawsuit was filed in a Virginia federal district court this week alleging that the University of Virgina Health System violated free exercise and establishment clause provisions of…
Constitutional Law Prof Blog
Jail Policy for Foreign-Born Detainees Violates Equal Protection
Steven D. Schwinn, University of Illinois Chicago School of LawThe Eighth Circuit ruled this week that a county jail's policy of holding otherwise releasable detainees based on their nation of…
Constitutional Law Prof Blog
Fifth Circuit Rebuffs Tanning Business Case Against COVID Shutdown
Steven D. Schwinn, University of Illinois Chicago School of LawThe Fifth Circuit rejected claims by a tanning business that COVID shutdowns violated its equal protection rights and amounted to an…
Gender and the Law Prof Blog
New Arguments Against Transgender Equality Based on SCOTUS 1974 Case Geduldig Are Inconsistent with Equal Protection Doctrine
By Tracy Thomas
Katie Eyer, Transgender Equality and Geduldig 2.0 In 1974, Geduldig v. Aiello held that pregnancy discrimination is not facially sex discrimination. Now, close to five decades later, opponents of transgender equality…
Simple Justice
Is Demoralizing Women An Equal Protection Violation?
In an otherwise thoughtful opinion by Judge Ricardo Martinez in the Western District of Washington, the court addressed an Everett city ordinance designed to prohibit “bikini barista bars,” a thing…
Gender and the Law Prof Blog
OH Court Grants Preliminary Injunction Staying 6 Week Abortion Ban on Grounds of Due Process, Equality, and State Health Care Freedom Amendment
By Tracy Thomas
The Ohio decision in Preterm-Cleveland v. Yost granting the preliminary injunction is here.The case is interesting for its analysis of privacy as reinforced by the state's health care freedom amendment, as well…
Simple Justice
What Does the 14th Amendment Equal Protection Clause Command?
A fascinating exchange between the Alabama solicitor general, Edmund LaCour, and the newest associate justice, Ketanji Brown Jackson, occurred during oral argument in a challenge to the Section 2 of…
Criminal
Extended discussion of the messy uncertainty of Excessive Fines jurisprudence from Ohio Supreme Court
Earlier this month, as well detailed in this lengthy courthouse news piece headlined "Court-Ordered Truck Forfeiture for Third Drunk-Driving Offense Found Constitutional," a split Ohio Supreme Court upheld the forfeiture…
Religion Clause
11th Circuit: No Liability For Withdrawing Permission For Religious Group To Use After School Classrooms
In Chabad Chayil, Inc. v. School Board of Miami-Dade County, Florida, (11th Cir., Sept. 8, 2022), the U.S. 11th Circuit Court of Appeals affirmed the district Court' dismissal of free exercise,…
The Right Coast
CFER and PLF Prompted the California State Legislature to Amend the Upward Mobility Bill and Remove Unconstitutional Provisions – Californians For Equal Rights Foundation
SAN DIEGO, CA August 23, 2022- Californians for Equal Rights Foundation (CFER), in collaboration with the Pacific Legal Foundation (PLF), has successfully forced the California State Senate to mandate significant changes…