Supreme CourtOn April 26, 2016, the U.S. Supreme Court decided that a public agency can incur liability for a First Amendment violation if it demotes or disciplines one of its employee based on the agency’s mistaken belief that the employee has exercised a right of free expression.  The Court’s decision in Heffernan v. City of Paterson

US-Supreme-Court_2.jpgOn June 30, 2015, the Supreme Court of the United States agreed to hear an appeal in Friedrichs v. California Teachers Association to answer the question of whether compulsory “agency shop” fees violate the First Amendment.  An “agency shop” arrangement requires non-union member employees to pay compulsory fees as a condition of employment even if

Healthcare.jpgIn January, we reported that the Supreme Court of the United States granted review in King v. Burwell to decide whether under the Patient Protection and Affordable Care Act (ACA) the Federal Government could offer subsidies to individuals who purchase health insurance through federally-funded exchanges.  The ACA requires all Americans to have health insurance or

US-Supreme-Court_2.jpgOn Monday, a unanimous United States Supreme Court, in a harshly critical opinion, overruled a decision of the Sixth Circuit Court of Appeals that had in essence created a presumption that retiree medical benefits provided for in a collective bargaining agreement are per se vested, unless it can be proven by extrinsic evidence otherwise.  In

Healthcare.jpgThis blog post was authored by Jessica Frier

The Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc., while limited in scope to closely-held private companies, is of interest to religious non-profits as well as for-profit employers.

The ACA requires health insurance providers to cover preventive health services, including FDA-approved contraceptives, without

Breaking-News1.jpgOn Thursday, June 19, 2014, the U.S. Supreme Court in Lane v. Franks held that the First Amendment protects a public employee who provides truthful sworn testimony, compelled by subpoena, outside the scope of his or her ordinary job responsibilities.  In so holding, the Court overturned precedent from the U.S. Court of Appeals for the

Breaking News1.jpgThis blog post was authored by Laura Schulkind and Erin Kunze

Summary

On Monday, June 24, 2013, the Supreme Court issued its long-awaited decision in Fisher v. University of Texas at Austin. However, the decision does little to alter the current legal standard by which race-conscious admissions policies are measured.  Rather, the Court reaffirmed prior