News & Analysis as of July 31, 2025

Constitutional Challenges

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

SCOTUS to Determine Whether States Can Ban Transgender Athletes From Women’s Sports – What Your School Needs to Know

Fisher Phillips on 7/17/2025

The Supreme Court will soon decide whether states can ban transgender high school and college athletes from participating on female sports teams at their schools. After initially declining to review this issue in 2023 and...more

Supreme Court to Decide Legality of Trans-Athlete Bans

Montgomery McCracken on 7/15/2025

As the Supreme Court Prepares to Decide the Legality of Trans-Athlete Bans, Schools Must Ready Themselves for Far-Reaching Precedent Addressing “On the Basis of Sex” On July 3, 2025, the Supreme Court granted certiorari in...more

The Supreme Court Update - July 3, 2025

Dorsey & Whitney LLP on 7/7/2025

The Supreme Court of the United States granted certiorari in five cases today: Little v. Hecox; West Virginia v. B.P.J., Nos. 24-38, 24-43: These two cases will address whether states may prohibit transgender women and...more

Supreme Court Upholds Tennessee’s Prohibition on Gender-Affirming Care for Minors

King & Spalding on 7/2/2025

On June 18, 2025, the U.S. Supreme Court issued its opinion in the closely watched case of United States v. Skrmetti. In this 6-3 opinion, the Supreme Court upheld Tennessee’s legislation blocking gender-affirming care,...more

Supreme Court Holds Ban on Treatment for Transgender Minors Does Not Violate Equal Protection Clause

Morgan Lewis on 6/27/2025

The US Supreme Court on June 18, 2025 rejected a challenge under the Fourteenth Amendment’s Equal Protection Clause to Tennessee law SB1, which prohibits healthcare providers from dispensing puberty blockers, hormone...more

A Headliner Upholding a State Ban on Transition Care for Transgender Minors Leads the Latest Five Decisions - SCOTUS Today

Epstein Becker & Green on 6/20/2025

To anyone who has followed the case of United States v. Skrmetti, especially those who attended or listened to the oral argument, the U.S. Supreme Court’s 6–3 holding that a Tennessee law prohibiting certain medical...more

Supreme Court Upholds Tennessee Transgender Care Ban

Seyfarth Shaw LLP on 6/19/2025

In a widely awaited for decision, the Supreme Court in a 6-3 opinion authored by Justice Roberts held that a Tennessee law which prohibits certain medical treatments (puberty blockers and hormones) for transgender minors,...more

Supreme Court Upholds Tennessee Law Prohibiting Gender-Affirming Care for Children

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/19/2025

On June 18, 2025, the Supreme Court of the United States ruled that a Tennessee law banning gender-affirming care for minors does not classify on the basis of sex in ways that would require heightened scrutiny under the Equal...more

The Supreme Court Update - June 18, 2025

Dorsey & Whitney LLP on 6/19/2025

The Supreme Court of the United States issued six decisions today: United States v. Skrmetti, No. 23-477: This case addresses a constitutional challenge to Tennessee’s Prohibition on Medical Procedures Performed on Minors...more

Disparate Impact Liability Under Fire

Epstein Becker & Green on 5/13/2025

On Wednesday, April 23, 2025, President Trump signed EO 14281, titled Restoring Equality of Opportunity and Meritocracy (EO), stating a new Trump Administration policy “to eliminate the use of disparate-impact liability in...more

Trump Attempts to Eliminate Disparate Impact Theory via Recent Executive Order

Frantz Ward LLP on 5/6/2025

The disparate impact theory has long been used to argue that an employer’s facially neutral policy has a detrimental effect on a protected class of individuals. An often cited example is the use of an arrest to reject an...more

Wisconsin Court of Appeals Finds Taxpayer-Funded College Grant Program to Be Unconstitutional

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/24/2025

On February 26, 2025, the Wisconsin Court of Appeals, District II, determined that a program that provided taxpayer-funded educational grants to financially needy students of specific racial, national origin, and ancestry...more

U.S. Department of Education’s ‘Dear Colleague’ Letter Prohibiting DEI and FAQs Document Challenged in Federal Court

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/14/2025

On March 5, 2025, the National Education Association (NEA) and its New Hampshire affiliate (NEA-NH) sued the U.S. Department of Education, challenging a recently issued “Dear Colleague Letter” (DCL) that informed schools that...more

Health Care Executive Orders And Legal Actions: Part One

McGuireWoods Consulting on 3/5/2025

This is part one of a series of executive orders related to health care. Transgender Care - Protecting Children from Chemical and Surgical Mutilation...more

Murder, Misogyny, and The Due Process Clause: U.S. Supreme Court Grapples With The Effect Of Unduly Prejudicial Evidence

Pietragallo Gordon Alfano Bosick & Raspanti,... on 3/5/2025

In 2004, Appellant, Brenda Andrew was convicted in Oklahoma of first-degree murder and conspiracy to commit first-degree murder for participating in the homicide of her husband to collect his life insurance policy. Andrew was...more

OCR, DEI and Connecticut Schools – Sorting Through a Legal Minefield

Pullman & Comley - School Law on 3/5/2025

If nothing else, the early days of the Trump administration 2.0 have been a whirlwind of legal activity. Diversity, equity and inclusion efforts have of course been at the forefront and on February 14, 2025 the federal...more

U.S. Supreme Court Decision Prohibits Plaintiff Recovery of Attorney’s Fees After a Preliminary Injunction Win

Venable LLP on 3/4/2025

On February 25, 2025, the United States Supreme Court held that plaintiffs who obtain a preliminary injunction are not eligible for attorney’s fees under 42 U.S.C. § 1988(b) because they do not qualify as “prevailing...more

A Preliminary Injunction Does Not a “Prevailing Party” Make, Criminal Conviction Through Knowingly False Evidence Violates Due...

Epstein Becker & Green on 2/26/2025

The U.S. Supreme Court decided two cases yesterday, one of which, Lackey v. Stinnie, involved an action brought pursuant to 42 U. S. C. §1983 and should be of particular interest to the many readers of this blog who practice...more

The Uncertain Future of Gender-Affirming Care for Minors, Part 1: United States v. Skrmetti

ArentFox Schiff on 2/20/2025

Gender-affirming care (GAC) is a model of care encompassing medical, surgical, mental health, and non-medical services to support transgender and nonbinary individuals in affirming their gender identity. Advocates argue that...more

Black History Month: Remembering the NJ-Born Physician Who Became the First Black Lawyer Admitted to Practice before the Supreme...

Greenbaum, Rowe, Smith & Davis LLP on 2/10/2025

Born in Elsinborough Township in Salem County, New Jersey on October 13, 1825, John S. Rock was a person with amazing talents. After years of working as a physician, for health reasons he turned to the practice of law and in...more

Reese v. ATF: Fifth Circuit Strikes Down Federal Handgun Purchase Ban for 18-to-20-Year-Olds

Snell & Wilmer on 2/6/2025

On January 30, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a landmark opinion in Reese v. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), holding that 18 U.S.C. §§ 922(b)(1) and (c)(1), which...more

New Challenges to the Indian Child Welfare Act Could Mark A Turning ‎Point for Federal Indian Legislation

Schwabe, Williamson & Wyatt PC on 11/11/2024

Last Spring, the United States Supreme Court reaffirmed the constitutionality of the Indian Child Welfare Act (“ICWA”) with a 7-2 decision in Brackeen v. Haaland. The majority opinion in that case, written by Justice Barrett,...more

The Importance of Estate Planning for LGBTQ+ Couples in Texas and Florida

Fleurinord Law PLLC on 6/18/2024

The landscape of marriage in the United States has transformed significantly, particularly for same-sex couples, following pivotal legal battles that sought to recognize their right to marry. Understanding the nuances of...more

DEI Under Scrutiny, Part VI: Supreme Court Declines to Hear Case Over Race-Neutral Measures Allegedly Intended to Increase Racial...

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/23/2024

The Supreme Court of the United States declined to review a case alleging that facially race-neutral admissions criteria at a selective Virginia public high school were unlawfully intended to strike a racial balance, leaving...more

Reviewing the 2022 SCOTUS Term

Akin Gump Strauss Hauer & Feld LLP on 1/31/2024

In this special episode, Akin Supreme Court and appellate practice head Pratik Shah and partner Aileen McGrath look back at the tumultuous 2022 Supreme Court Term....more

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Supreme Court of the United States › Equal Protection › Constitutional Challenges

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