Month: July 2020
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National Survey of COVID-19 Medical Malpractice Immunity Legislation
(as of July 17, 2020) [1] The below survey of federal and state legislation, guidance, and executive action provides information regarding enacted and proposed legislation and executive orders issued to provide immunity protections for liability, in certain respects, to health care professionals, facilities, and volunteers in the course of their treatment of individuals during the course of the COVID-19 ... Read More
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SCOTUS Opinion: Narrow Majority Finds Indian Reservation Over Much of Oklahoma
In McGirt v. Oklahoma, a member of the Seminole Nation was prosecuted in Oklahoma state court of serious sexual offenses and sentenced to 1,000 years plus life in prison. He argued that the state court lacked jurisdiction because under the Major Crimes Act, only federal courts had jurisdiction over crimes committed by an Indian on “Indian country,” and he argued ... Read More
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SCOTUS Opinion: Court Sets Forth Standard For Congress To Subpoena President Trump’s Financial Records
Three different House committees issued subpoenas to President Trump’s accountant and two banks seeking information about his finances and his businesses. Trump fought the subpoenas, arguing that the subpoenas violated the separation of powers and were not linked to a valid legislative purpose, but he did not claim executive privilege. The DC and Second Circuits both declined to stop the ... Read More
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SCOTUS Opinion: Court Expands the Breadth of the “Ministerial Exception” to the First Amendment
In prior cases, the Court had held that the First Amendment’s Religious Clauses prevented the courts from adjudicating employment discrimination claims between a church and certain employees, which was dubbed the “ministerial exception.” In Our Lady of Guadalupe School v. Morrissey-Berru, two elementary school teachers at Roman Catholic churches brought employment discrimination claims against their churches. In both cases, the ... Read More
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SCOTUS Opinion: Court Upholds Birth Control Exclusion for Religious Organizations Under ACA
While the Patient Protection and Affordable Care Act required employers to provide coverage for contraceptives, the Government issued rules exempting religious employers from that mandate. After subsequent rulings by the Supreme Court on claims that the rules violated the Religious Freedom Restoration Act and the Free Exercise Clause of the First Amendment, the Government issued new rules expanding the exemption ... Read More
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SCOTUS Opinion: Court Strikes Down Faithless Electors
Instead of voting directly for presidential candidates, voters actually vote for electors appointed by each State, who then vote for the presidential candidate preferred by the voters. In 2016, however, three electors in the State of Washington pledged to vote according to what the voters preferred, but then violated that pledge and refused to vote for Hillary Clinton as they ... Read More
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SCOTUS Opinion: Government Collections Robocalls Violate the First Amendment
The 1991 Telephone Consumer Protection Act originally barred practically all robocalls to cell phones, but in 2015 Congress carved out an exception to allow robocalls solely for the purpose of collecting a debt owed to the Government. Certain political groups filed suit arguing that that exception violated the First Amendment, and thus the entire robocall ban should be invalidated. The ... Read More
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Client Alert: Sweeping Changes to Virginia’s Employment Laws
The Virginia legislature enacted a series of sweeping employment laws, all but one of which went into effect July 1. These changes affect employers and employees in many sectors of the economy, bringing about reforms that have long been sought by progressive activists and labor interests. A primer for Virginia employers is below: Non-Competes Following the lead of its more progressive sister ... Read More