Related to: Supreme Court
On March 21, 2023, the United States Supreme Court issued its decision in Perez v. Sturgis Public Schools. The case raised the question of whether a plaintiff is required to exhaust the administrative processes under the Individuals with Disabilities Education Act (IDEA) when the remedy a plaintiff seeks is not available under the IDEA. This…
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On June 27, 2022, the U.S. Supreme Court rendered a 6-3 decision in Kennedy v. Bremerton School District, 597 U.S. ___ (2022), where it held the Free Exercise and Free Speech Clauses of the First Amendment protects an individual engaging in sincerely motivated religious exercise and private speech from government punishment. The Court ultimately found…
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On March 24, 2022, the U.S. Supreme Court held in a unanimous decision that an elected body can censure other members of the same body for their speech, without running afoul of First Amendment protections. The case is Houston Community College System v. Wilson, ___ S.Ct. ___, 2022 WL 867307 (2022). As we discussed in…
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The Biden Administration has withdrawn its Covid shot-or-test mandate for large businesses. The mandate, issued by OSHA through an Emergency Temporary Standard (ETS), requires all employers with 100 or more employees to implement a policy requiring Covid vaccinations or masking and weekly testing for all employees. That requirement went into effect on January 10, 2022. …
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On the afternoon of Thursday, January 13, 2022, the U.S. Supreme Court reinstated the stay blocking implementation of President Biden’s Shot-or-Test Mandate. The mandate, issued by OSHA through an Emergency Temporary Standard (ETS) requires all employers with 100 or more employees to implement a policy requiring Covid vaccinations or masking and weekly testing for all…
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The U.S. Supreme Court has reinstated the stay blocking implementation of President Biden’s Shot-or-Test Mandate. The decision came this morning, Thursday, January 13, 2022, nearly a week after the Court heard oral arguments from both sides on Friday, January 7, 2022. Six justices, led by Chief Justice John Roberts voted in favor of reinstating the…
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Covid-19 is a global pandemic and a societal health problem, not a workplace hazard. This is the main argument advanced by a coalition of states and an alliance of business groups in their brief to the U.S. Supreme Court. Final briefs were filed on December 30, 2021 ahead of oral arguments set for January 7,…
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On April 26, 2021, the U.S. Supreme Court granted a Petition for Certiorari review in Wilson v. Houston Community College System. The issue before the Court is whether a Board’s resolution to censure a Board member violated the First Amendment. This issue is before the U.S. Supreme Court after a decision by the U.S. Court of…
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Late this afternoon, the Wisconsin Supreme Court struck down Gov. Tony Evers’ Safer-At-Home Order by a vote of 4-3. The Court ruled that the Evers’ Administration exceeded its authority when State Department of Health Services Secretary Andrea Palm issued the Safer-At-Home extension through Tuesday, May 26. The action was brought by Republican state lawmakers who…
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On May 13, 2020, the Wisconsin Supreme Court struck down Emergency Order #28, Safer at Home Order, issued by the State of Wisconsin Department of Health Services (DHS) Secretary, Andrea Palm, in Wisconsin Legislature v. Palm. Order #28, and its predecessor order, extended Governor Tony Evers’ original Safer at Home Order through May 26, 2020. After…
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