Related to: Supreme Court

The U.S. Supreme Court Rules that a Board’s Verbal Censure of its Board Member’s Speech Does Not Violate the First Amendment

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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Biden Administration Abandons Shot-or-Test Mandate For Large Businesses

The Biden Administration has withdrawn its Covid shot-or-test mandate for large businesses.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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By Reinstating the Stay of President Biden’s Shot-or-Test Mandate The Supreme Court Signals the End of the OSHA ETS; but, OSHA Enforcement of COVID Mitigation Measures Continues

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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Supreme Court Halts President Biden’s Shot-or-Test Mandate

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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Janus v AFSCME

Fate of President Biden’s Shot-or-Test Mandate Rests with Supreme Court – Oral Argument Set for January 7, 2022

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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Janus v AFSCME

U.S. Supreme Court to Address First Amendment Rights of Censured Board Member

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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Wisconsin Supreme Court Strikes Down Governor Evers’ Safer-At-Home Order

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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DPI and AG Provide Guidance Related to Schools After Supreme Court Decision

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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Joel Aziere

Supreme Court to Consider LGBT Rights in the Workplace

On Monday, April 22 and Tuesday, April 23, 2019, the Supreme Court announced that next term it will rule on whether federal employment discrimination laws protect LGBT employees.  The Justices agreed to hear a trio of cases – two alleging discrimination based on sexual orientation and a third claiming discrimination based on transgender status. In…

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Janus v AFSCME

U.S. Supreme Court Decides Janus v. AFSCME Agency Fee Case

Today, the United States Supreme Court issued a decision in Janus v. American Federation, et al., concluding that public sector employees cannot be required to pay so-called “fair share” union fees. This decision is likely to cause a significant decrease in union revenue and may result in further decline of union membership. The petitioner in…

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