Constitutional Law and Civil Rights

Recent Posts

Maryland Failed To Desegregate Higher Education System, District Court Rules
Posted on 18 Oct 2013 by Ballard Spahr LLP

A U.S. District Court judge ruled recently that the State of Maryland and the Maryland Higher Education Commission failed to desegregate the State’s system of higher education as required by Title VI of the Civil Rights Act and the Equal Protection... Read More

Governor Beshear Orders Defense Of Kentucky Gay Marriage Ban
Posted on 11 Mar 2014 by State Net

BESHEAR ORDERS DEFENSE OF KY GAY MARRIAGE BAN: Kentucky Gov. Steve Beshear (D) said the Bluegrass State would hire a private sector attorney to defend the state's ban on recognizing same-sex marriages performed in other states. Beshear made the announcement... Read More

State AGs Take Sides as U.S. Supreme Court Hears Housing Discrimination Case
Posted on 4 Mar 2015 by Foley & Lardner LLP

On January 21, 2015, the U.S. Supreme Court heard argument in Texas Department of Housing and Community Affairs v. Inclusive Communities Project , [ writ of certiorari granted, enhanced version available to lexis.com subscribers ], on the question of... Read More

Supreme Court Slams The Brakes On Challenge To Disparate Act
Posted on 19 Aug 2015 by McNees Wallace & Nurick LLC

By Donald Kaufman and Emily Hart* As of now, the Equal Credit Opportunity Act (ECOA) prohibits dealers from unintentional, or “disparate impact,” discrimination in setting dealer reserves in auto financing. This disparate impact can... Read More

Third Time's the Charm? Supreme Court Agrees Again To Hear FHA Disparate Impact Case
Posted on 10 Nov 2014 by Ballard Spahr LLP

By Michael W. Skojec, Sharon Wilson Géno, Bryan J. Harrison, Christopher J. Willis, John L. Culhane, Jr., and Peter N. Cubita The U.S. Supreme Court has agreed for the third time in recent history to decide whether disparate impact claims... Read More

Amicus Curiae Oppose Disparate-Impact Liability
Posted on 8 Jan 2015 by Ballard Spahr LLP

Recently, following the U.S. Supreme Court's grant of certiorari , [ enhanced version available to lexis.com subscribers ], more than a dozen organizations, groups, and associations filed separate amicus curiae briefs, [ enhanced version available... Read More

State Net Capitol Journal Constitutional Rights Updates: US High Court Eliminates 'Golden Week'
Posted on 7 Oct 2014 by State Net

Ohio's "Golden Week" — a five-day interval at the beginning of the state's early voting period when eligible residents can both register and cast ballots — fell by the wayside last week, when the U.S. Supreme Court granted... Read More

Federal District Court Vacates HUD Disparate Impact Rule
Posted on 6 Jan 2015 by Ballard Spahr LLP

In a Fair Housing Act (FHA) case we have been watching for some time, the federal district court in Washington, D.C., recently issued an opinion vacating the U.S. Department of Housing and Urban Development’s (HUD’s) disparate impact rule... Read More

7th Cir. Explains What Same-Sex Marriage and Voter ID Have in Common
Posted on 9 Oct 2014 by Foley & Lardner LLP

By Eric G. Pearson What do cases involving challenges to same-sex-marriage and voter ID laws have in common? The answer, according to a per curiam opinion issued last week by a panel of judges from the U.S. Court of Appeals for the Seventh Circuit... Read More

Third Time Is the Charm: U.S. Supreme Court Hears Argument in Disparate Impact Case
Posted on 25 Mar 2015 by Ballard Spahr LLP

The U.S. Supreme Court recently heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. , [ enhanced version available to lexis.com subscribers ]—the case presenting the issue of whether... Read More

College Settles Student’s Pregnancy Discrimination Complaint
Posted on 8 Jan 2014 by Ballard Spahr LLP

by Olabisi L. Okubadejo and Daniel V. Johns The National Women’s Law Center (NWLC) announced last month that Logan University in Missouri settled a pregnancy discrimination complaint that the NWLC filed with the U.S. Department of Education’s... Read More

Disparate Impact to Supreme Court Again?
Posted on 25 Jun 2014 by Ballard Spahr LLP

By Michael W. Skojec, Bryan J. Harrison, Christopher J. Willis, and John L. Culhane, Jr. Yet another Fair Housing Act disparate impact case may find its way to the U.S. Supreme Court. After losing on appeal at the Fifth Circuit in March, the Texas... Read More