Case Summaries (eNews)

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Posted 17 Nov 2022 in Case Summaries (eNews) Written by: Erich Eiselt

  Golden Glow Tanning Salon, Inc. v. City of Columbus, no. 21-60898 (5th Cir. Nov. 8, 2022). A tanning salon unsuccessfully challenges a COVID shutdown mandate on Equal Protection and Takings grounds—but the concurrence argues that work is a fundamental unenumerated right and implies that the Supreme Court should apply strict scrutiny to governmental acts which deprive one of the right to earn a livelihood.       Background In March 2020, after the Governor of Mississippi declared a state of emergency in response to the Covid-19 pandemic, Columbus,...

Posted 29 Jun 2022 in Case Summaries (eNews) Written by: Amanda Karras

Last week, in a win for local governments, the Supreme Court held 6-3 in Vega v. Tekoh, that an individual may not bring a Section 1983 claim based on an alleged improper admission of an unMirandized statement during a criminal prosecution. This case involves a deputy sheriff's investigation of sexual assault allegations.  Deputy Vega believed his questioning was non-custodial and he did not Mirandize the suspect—Terence Tekoh—prior to asking questions about what had happened.  Tekoh ultimately agreed to write down what...

Posted 28 Jun 2022 in Case Summaries (eNews) Written by: Amanda Karras

Yesterday, the Supreme Court held in a 6-3 decision in Kennedy v. Bremerton School District that a school district violated the First Amendment’s Free Speech and Free Exercise Clauses when it terminated the employment of a high school football coach for refusing to curtail his practice of praying at the 50-yard line after football games with students.  Significantly, the majority also overruled Lemon v. Kurtzman and the Establishment Clause’s “endorsement test,” though it does so without explicitly saying so (calling...