Supreme Court Grants Cert to Split Circuit Decision on DHS Immigration Guidance
As the U.S. Court of Appeals for the Fifth and Sixth Circuits remain divided on halting the Department of Homeland Security (DHS) arrest and deportation guidance, the U.S. Supreme Court will step in.
Supreme Court: No “Issue Exhaustion” Requirement for SSA Claimants
Several weeks ago, FEDmanager reported on oral argument at the Supreme Court of the United States in Carr v. Saul. In this case, the issue was whether Social Security Administration (SSA) claimants who did not raise an Appointments Clause challenge at the administrative level forfeited their ability to challenge the validity of decisions by improperly appointed SSA administrative law judges once they appealed the decisions to federal court, pursuant to the Supreme Court’s decision in Lucia v. SEC. On April 22, 2021, the Supreme Court held that courts should not impose an “issue exhaustion” requirement on claims under the Appointments Clause of the U.S. Constitution.
Supreme Court Hears Oral Argument in Two Important Appointments Clause Cases
On March 1, 2021, the Supreme Court of the United States heard argument in United States v. Arthrex on the question of whether administrative patent judges of the U.S. Patent and Trademark Office are principal officers of the United States who therefore must be appointed by the President and confirmed by the Senate. Just two days later, on March 3, 2021, the Court heard argument in Carr v. Saul, a case about whether Social Security claimants who failed to raise an Appointments Clause challenge to the appointment of SSA administrative law judges at the administrative level waived the argument before the courts.
Supreme Court Hears Oral Argument in Fifth Amendment Suit Challenging Union Organization
On March 22, 2021, the Supreme Court of the United States heard oral argument in Cedar Point Nursery v. Hassid.
Religious Freedom Restoration Act Exposes Officials to Personal Liability, Supreme Court Rules
Government officials may be sued in their personal capacity for alleged violations of the Religious Freedom Restoration Act of 1993 (RFRA), the Supreme Court held in the case of Tanzin v. Tanvir, issued at the end of last year. While Tanzin occurred in a law enforcement context, some legal commentators believe the Court’s decision may have a “chilling effect” on officials who enforce nondiscrimination laws.
Supreme Court: Single-Director Structure of CFPB Violates Constitution’s Separation of Powers
On June 29, 2020, the United States Supreme Court held that restrictions on the President of the United States’ ability to fire a single director of a federal agency violates the separation of powers clause of the United States Constitution.
Supreme Court: Title VII Protects Gay, Lesbian, and Transgender Employees
On June 15, 2020, the Supreme Court of the United States, by a 6-3 vote, held that an employer who fires an individual merely for being gay or transgender violates Title VII’s prohibition on sex discrimination.