US Supreme Court issues 2 opinions

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Via Scotusblog:

Ashcroft, et al., v. Iqbal:  in a 5-4 decision, the Supreme Court on Monday threw out a claim that two top Bush Administration officials adopted a specific policy of racial and ethnic discrimination in a roundup and detention of hundreds of men of Arab  descent following the terrorist attacks of Sept. 11, 2001.  The Court held that the lawsuit did not cite specific enough factual grounds for a claim of intentional bias by former Attorney General John D. Ashcroft and then-and-current FBI director Robert Mueller.  The Court did not, however, declare legal immunity for Ashcroft, Mueller, or other lower-ranking officials who allegedly carried out discriminatory policies sent down from the top.  Rather, the Court addressed only the requirements that had to be made in the initial lawsuit to show that the selection of those to be rounded up were the result of race, religious or national origin bias, in order to survive a motion to dismiss.  The case was remanded to the 2nd Circuit for a decision on whether the plaintiffs could amend their lawsuit.

AT&T Corp. v. Hulteen:  The Court rule in a 7-2 decision, that federal law does not require an employer to set current pension benefits at a level that will make up for a denial of work credit for maternity leave for pregnant workers, when such a denial  was not illegal at the time it ook place.  Neither the law that pre-dated the case nor a new law on job bias made it illegal for a company to decline to upgrade benefits to account for past employment actions that were legal at the time.  The denial was not a form of discrimination based on sex under the law as it existed prior to Congress's passage of the Pregnancy Discrimination Act in 1978.  Failing to make up for the past denial, it concluded, was a legitimate choice to make in a pension system that was not intentionally discriminatory.

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This page contains a single entry by JoNell published on May 18, 2009 8:59 AM.

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