Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Second Circuit held that a disability discrimination lawsuit brought by a former resident of a transitional adult home was moot because the state amended regulations and allowed his return. The court clarified that while the plaintiff had standing when the suit was filed, subsequent events eliminated his concrete stake in the outcome.
The Fifth Circuit granted the State of Texas's request to stay a district court injunction that had declared parts of Texas S.B. 1 unconstitutional. Relying on the Supreme Court's Purcell principle, the court held that altering election laws three weeks before an election creates unacceptable confusion and administrative burden.
The D.C. Circuit affirmed the dismissal of Tony Parks' Title VII retaliation claims, ruling that his pleadings failed to allege facts constituting a materially adverse action or a causal link to protected activity. The court further held that Parks forfeited challenges to his failure-to-promote and other discrimination claims by failing to raise them in his appellate brief.
The Ninth Circuit granted a petition for review, holding that the Board of Immigration Appeals erred by failing to consider evidence that Mexican authorities were unable or unwilling to control cartel violence against the petitioners and by failing to properly assess the nexus between the harm and a protected ground.
The Second Circuit vacated a district court ruling that found New York City's Guaranty Law unconstitutional, holding that the plaintiffs lacked Article III standing at the summary judgment stage. Because the City has disavowed any intent to enforce the law against the landlords, there is no credible threat of injury to redress through federal court.
The Second Circuit held that Title VI's bar on employment-related claims does not prevent an employee from suing for retaliation when the underlying complaint concerns non-employment discrimination. The court vacated the dismissal of the plaintiff's claim and remanded the case for further proceedings on the merits.
The Second Circuit reversed summary judgment, holding that plaintiffs need not prove an aggregate disparate impact to establish a discriminatory effect under the Equal Protection Clause if discriminatory intent is shown. Instead, the court ruled that harm to individual Asian-American students excluded from a school admissions program is sufficient to trigger strict scrutiny review.
The Second Circuit vacated the district court's affirmation of a Social Security Administration denial, holding that the Administrative Law Judge's decision was not supported by substantial evidence. The court found the ALJ misinterpreted medical and lay evidence regarding the plaintiff's ability to adapt to environmental changes.
The Second Circuit affirmed that the 1676 Andros Order is not a valid federal treaty binding on the United States because it predates the nation and lacks federal ratification. Consequently, the order does not preempt New York's fishing regulations prohibiting the harvesting of glass eels in off-reservation waters.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order finding a noncitizen removable based on petty larceny convictions. The panel held that the municipal offenses constituted crimes involving moral turpitude and rejected arguments regarding the pardon waiver and single scheme of misconduct.
