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Supreme Court takes up cases about LGBT people’s rights
Law Firm News | 2019/10/09 18:14
The Supreme Court on Tuesday heard highly anticipated cases on whether federal civil rights law should apply to LGBT people, with Chief Justice John Roberts questioning how doing so would affect employers.

In the first of two cases, the justices heard arguments on whether a federal law banning job discrimination on the basis of sex should also protect sexual orientation. Lower courts have split on the issue. A related case on transgender employees is also being heard Tuesday.

Roberts, a possible swing vote in the cases, wondered about the implications of what he described as an expansion of the job-discrimination law.

“If we’re going to be expanding the definition of what ‘sex’ covers, what do we do about that issue?” Roberts asked.

Justice Samuel Alito, a conservative, suggested that the high court would be usurping the role of Congress by reading protection for sexual orientation into the 1964 Civil Rights Act, when lawmakers at the time likely envisioned they were doing no such thing.

“You’re trying to change the meaning of ‘sex,’” he said.

Justice Elena Kagan, a liberal, suggested sexual orientation is a clear subset of sex discrimination, saying that a man who loves other men cannot be treated differently by an employer than a woman who loves men.

The cases Tuesday are the court’s first on LGBT rights since Justice Anthony Kennedy’s retirement and replacement by Justice Brett Kavanaugh. Kennedy was a voice for gay rights and the author of the landmark ruling in 2015 that made same-sex marriage legal throughout the United States. Kavanaugh generally is regarded as more conservative.


Ohio counties tell court: Don’t let state stop opioid trial
Law Firm News | 2019/10/03 19:46
Two Ohio counties are telling a court to deny their state attorney general’s request to delay a major trial over the toll of opioids.

Attorney General Dave Yost asked a federal appeals court in August not to let a district judge move ahead with a case scheduled to begin Oct. 21.

It would be the first federal trial of claims brought by a government seeking to hold the drug industry accountable for the opioid crisis.

The attorney general says the state’s similar claims should move ahead of those brought by Cuyahoga and Summit counties, home to Cleveland and Akron.

The counties say the state doesn’t have a say because it’s not part of this case. The judge in charge of the Oct. 21 trial has also denied the state’s request.



Supreme Court ruling clear, but Brexit future still murky
Law Firm News | 2019/09/26 13:00
The landmark British Supreme Court ruling that Prime Minister Boris Johnson's suspension of Parliament was unlawful did not deal directly with plans for Britain's anticipated departure from the European Union. Brexit will however be top of the agenda in Parliament now that lawmakers have returned.

As things stand, Britain is scheduled to leave the EU on Oct. 31 unless the British government requests an extension and the other 27 EU countries agree to a further delay.

However, Parliament passed a bill earlier this month before Johnson suspended Parliament requiring the prime minister to seek a three-month extension if no withdrawal agreement has been reached with the EU by Oct. 19.

Johnson insists that he is pursuing a deal with the EU, but has repeatedly said that if there is no deal, he will take Britain out of the EU on the scheduled Brexit date rather than request an extension.

For most economists, including those in government and the Bank of England, a no-deal Brexit would trigger a recession as trade barriers, including tariffs, are put up between Britain and the EU. There's also a widespread expectation that there will be gridlock at Britain's ports, and shortages of some food and medicine.



New justice formally joins Virginia Supreme Court
Law Firm News | 2019/09/10 21:29
The Virginia Supreme Court has a new justice.

The Richmond Times-Dispatch reports Teresa Chafin, previously a judge on the Virginia Court of Appeals, formally joined the court Friday in a special session in Abingdon.

The General Assembly elected her in February. Chafin is the sister of state Sen. Ben Chafin, who lobbied on her behalf but didn't vote when the Senate confirmed her 36-0.

Chafin will serve a 12-year term. She's filling a vacancy created by the retirement of Justice Elizabeth McClanahan.



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