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Equal Protection › Coronavirus/COVID-19

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
Akin Gump Strauss Hauer & Feld LLP

Keeping Education Accessible and Ending COVID-19 Vaccine Mandates in Schools (Trump EO Tracker)

Akin Gump Strauss Hauer & Feld LLP on

The order establishes a federal policy that prohibits the use of discretionary federal funds to support or subsidize educational institutions that require COVID-19 vaccinations for in-person attendance. It directs the...more

Holland & Knight LLP

Religious Institutions Update: July 2024

Holland & Knight LLP on

Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more

Husch Blackwell LLP

Wash. Federal Judge Pokes Hole in New Wave of Vaccine Mandate Challenges

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In response to the COVID-19 pandemic, pharmaceutical companies like Pfizer worked diligently to develop safe and effective vaccines. Following the FDA’s approval of these vaccines, many state governments and private...more

Holland & Knight LLP

Religious Institutions Update: January 2024

Holland & Knight LLP on

Failure to Extend Extracurricular Opportunities to Parochial School Students Violates Free Exercise In Religious Rights Foundation of Pa. v. State College Area Sch. Dist., No. 23-CV-01144, 2023 WL 8359957 (M.D. Pa. Dec. 1,...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Insurance Coverage for COVID and In-Person Informed Consent for Abortion

Morrison & Foerster LLP - Left Coast Appeals on

This week, the Court considers insurance coverage for business losses sustained as a result of COVID-19 and the constitutionality of Guam’s in-person informed consent requirement for abortion. THE OREGON CLINIC, PC V....more

Littler

Second Circuit Upholds New York’s Vaccination Mandates for Healthcare Workers Without Religious Exemptions

Littler on

In a November 4, 2021 opinion, the U.S. Court of Appeals for the Second Circuit upheld New York’s vaccine mandate for healthcare workers, rejecting arguments advanced by healthcare professionals in two different district...more

Parker Poe Adams & Bernstein LLP

Arizona Challenges Federal Government's Vaccinate-or-Test Mandate

Parker Poe Adams & Bernstein LLP on

On September 9, President Joe Biden announced that his administration would implement a mandatory COVID-19 vaccinate-or-test policy for all private employers in the U.S. with 100 or more employees. The mandate will be put in...more

Holland & Knight LLP

Religious Institutions Update: October 2021

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Morals Clause Ruled Not Within Title VII Religious Exemptions Title VII of the Civil Rights Act of 1964 makes it unlawful "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any...more

ArentFox Schiff

US District Court Grants TRO Barring New York From Excluding Religious Exemptions For COVID-19 Vaccine Mandate

ArentFox Schiff on

On September 14, 2021, District Court Judge David N. Hurd of the Northern District of New York granted a temporary restraining order (TRO) barring the New York State Department of Health (DOH) from enforcing the vaccine...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Key to NYC: Unlocking the City Starts With COVID-19 Vaccination Proof for Dining, Fitness, and Entertainment Venues

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On August 3, 2021, New York City Mayor Bill de Blasio announced that proof of vaccination would be required for individuals to enter certain indoor establishments. In a first of its kind mandate, New York City officially...more

Holland & Knight LLP

Food and Beverage Law Update: July 2021

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"The overwhelming majority of courts have concluded that neither COVID-19 nor the governmental orders associated with it cause or constitute property loss or damage for purposes of insurance coverage." So concluded the...more

Tucker Arensberg, P.C.

A Recent Case Highlights Equal Protections In The American Rescue Plan Act

Tucker Arensberg, P.C. on

A case from the United States Court of Appeals for the Sixth Circuit highlights that, even in times of crisis like the COVID-19 pandemic, prioritizing federal grant money based on race and gender will likely violate the equal...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 11

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Welcome to the eleventh, post-Memorial Day issue of the 2021 edition of Unprecedented. As India and Peru experience record COVID-19 cases, many parts of the United States have reached a return to normality that was...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Long Beach ‘Hero Pay’ Ordinance Survives Preliminary Injunction

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On February 25, 2021, the U.S. District Court for the Central District of California denied a motion for preliminary injunction brought by the California Grocers Association (CGA) against the City of Long Beach. In California...more

Tucker Arensberg, P.C.

Another Lockdown Lifted: Are These Government Bans Constitutional?

Tucker Arensberg, P.C. on

Restauranteurs across Pennsylvania breathed a collective sigh of relief this week as the three-week ban on indoor dining ordered by Governor Tom Wolf and Secretary of Health Rachel Levine came to an end. A struggling industry...more

Littler

Pennsylvania Federal Judge Finds Governor Wolf’s Pandemic Restrictions Unconstitutional

Littler on

Pennsylvania’s gathering limitations, business shutdown and stay-at-home orders violate the United States Constitution, according to a federal judge in the Western District of Pennsylvania, who enjoined enforcement of those...more

Fisher Phillips

Pennsylvania Federal Judge Rules Governor’s Shutdown Orders Unconstitutional

Fisher Phillips on

A federal court judge in Pennsylvania just ruled that the governor’s COVID-19 orders shutting down businesses and restricting gatherings are unconstitutional and therefore unenforceable. By striking them down, the judge set...more

Spilman Thomas & Battle, PLLC

Governor Wolf’s COVID-19 Orders Fall Under Constitutional Challenge

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Since March, Pennsylvania Governor Tom Wolf and his administration have responded to the COVID-19 pandemic by imposing some of the strictest limitations in the country on the Commonwealth’s residents and businesses. Now, a...more

Ballard Spahr LLP

Federal Judge Strikes Down Key COVID-19 Orders in PA

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On Monday, September 14, U.S. District Court Judge William S. Stickman IV became the first federal or state judge in Pennsylvania to strike down Governor Tom Wolf’s emergency orders relating to the COVID-19 pandemic....more

Jackson Walker

Texas Bar Owners Challenge Governor Abbott’s Executive Order GA-28

Jackson Walker on

Several bars across Texas have filed suit against Governor Greg Abbott challenging his executive orders related to the classification of bars and restaurants. On June 26, 2020, Governor Greg Abbott issued Executive Order...more

McManis Faulkner

Hazard Pay During COVID-19: New Laws For Essential Workers

McManis Faulkner on

This article follows an earlier article on hazard pay.... Hazard pay legislation is expanding nationwide at all levels of government.  The growth in calls for hazard pay is the result of a shift in perception of the types of...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 19, 2020

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As we continue our weekly update on COVID-19 related litigation, we have decided that this 19th issue of Unprecedented is the most fitting time for a format change to make viewing our content easier. Now, all content is...more

Spilman Thomas & Battle, PLLC

COVID-19 Litigation Trends, Issue 14

Spilman Thomas & Battle, PLLC on

This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 7

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This seventh edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a continuation of the trend we identified last week: shutdown challenges, workers' compensation claims, and wrongful death lawsuits...more

Best Best & Krieger LLP

The Clash Between Emergency Powers and Individual Rights During COVID-19 Pandemic

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Part 1 in a PublicCEO Series - The government’s broad powers to protect the public during declared emergencies are well-established, but this power is not unfettered. Emergency powers exist against a backdrop of individual...more

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