Relying anew on a New Deal era precedent of the Supreme Court, the nation’s freight railroads have urged a federal appeals court to leave intact a ruling that strips the Amtrak rail passenger service of much of its power to make sure that its trains run on time.
Jul 13 2016
Transgender rights dispute reaches Court
This post also appears today on Constitution Daily, the blog of the National Constitution Center in Philadelphia. A public school board in Virginia, arguing that no one ever thought that separate restrooms for the sexes would be illegal, asked the Supreme Court on Wednesday to delay a court order that it must provide equal access… Read More
Jul 12 2016
Appeals court won’t delay G.G. order
Setting the stage for the transgender rights issue to move on to the Supreme Court, a divided federal appeals court refused on Tuesday afternoon to delay an order to enforce transgender equality in a Virginia high school. In the case of G.G. v. Gloucester County School Board, the board’s lawyers have said they will now… Read More
Jul 10 2016
Sorting out the transgender cases
With the heated controversy over the Obama administration’s policy on the rights of transgender people about to reach the Supreme Court, the dispute continues to spread in federal courthouses across the nation. It is not yet clear, though, what effect that spread will have on the Justices’ view of their own role at this point.
Jul 6 2016
Widening importance of the “G.G.” case
With a new filing due at the Supreme Court next Tuesday by a Virginia school board defending its policy on transgender students’ rights, the case — involving a 16-year-old about to enter his senior year in high school — is gaining in importance.
Jul 1 2016
U.S. seeks to restore Amtrak’s powers
The Obama administration this week began a new effort in a federal appeals court to revive the power of Amtrak — the operator of the nation’s rail passenger service — to help set and enforce rules to help make sure that its trains run on time.
Jun 30 2016
New transgender rights plea to the Court
Expecting a new round of protests from parents and students when school opens in September, a Virginia school board plans to ask the Supreme Court shortly to allow it to enforce its existing policy on access to bathrooms at its high school in the midst of a transgender rights controversy.
May 16 2016
A compromise, with real impact, on birth control
This post also appears on scotusblog.com Without settling any legal issues surrounding the Affordable Care Act’s birth-control mandate, the Supreme Court on Monday nevertheless cleared the way for the government to promptly provide no-cost access to contraceptives for employees and students of non-profit religious hospitals, charities, and colleges, while barring any penalties on those institutions… Read More
May 12 2016
Some thoughts for the law graduates
Excerpts from my commencement address to the graduating class of the University of Nebraska College of Law, in Lincoln on May 7. Today I am especially delighted to join you and those who have helped you come so far – and, for some of you, footed the bill. This is such a splendid day for… Read More
Apr 14 2016
Has the Court brokered a working deal on birth-control?
This post also appears on Constitution Daily, the blog of the National Constitution Center in Philadelphia. The Supreme Court is not normally involved in making deals, even deals that are aimed at helping the Justices decide a difficult legal dispute. But it may have just shown that it at least has the capacity to suggest a… Read More
