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Married same-sex couples conceived children through anonymous sperm donation. Their babies were born in Arkansas in 2015. Each couple completed paperwork listing both female spouses as parents. The Department of Health issued birth certificates bearing only the birth mother’s name, based on Ark. Code 20–18–401, which states “the mother is deemed to be the woman who gives birth to the child … if the mother was married at the time of either conception or birth … the name of [her] husband shall be entered on the certificate as the father of the child.” Another man may appear on the birth certificate if the “mother,” “husband,” and “putative father” all file affidavits vouching for the putative father’s paternity. The requirement that a married woman’s husband appear on her child’s birth certificate applies if the couple conceived by means of artificial insemination by an anonymous sperm donor. The couples challenged the law. The trial court held that the challenged sections were inconsistent with the 2015 Supreme Court holding, Obergefell v. Hodges, that the Constitution entitles same-sex couples to civil marriage “on the same terms and conditions as opposite-sex couples.” The Arkansas Supreme Court reversed. The U.S. Supreme Court reversed, finding the statute invalid because it denied married same-sex couples access to the “constellation of benefits” that Arkansas links to marriage. The law required the placement of the birth mother’s husband on the birth certificate even when the husband was “definitively not the biological father,” but did not impose the same requirement with respect to the birth mother’s wife. Same-sex parents lacked the same right as opposite-sex parents to be listed on a document used for important transactions like medical decisions or enrolling a child in school. View "Pavan v. Smith" on Justia Law

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In petitioner’s state capital murder trial, the court overruled counsel’s objection to a proposed jury and submitted the instruction to the jury, which convicted petitioner. Appellate counsel did instruction not challenge the jury instruction; petitioner’s conviction was affirmed. Petitioner’s state habeas counsel did not raise the instructional issue or challenge appellate counsel’s failure to raise it. The state habeas court denied relief. Petitioner then sought federal habeas relief. The Fifth Circuit and Supreme Court affirmed denial of relief. The ineffective assistance of postconviction counsel does not provide cause to excuse the procedural default of ineffective-assistance-of-appellate-counsel claims. Attorney error during state postconviction proceedings, for which the Constitution does not guarantee the right to counsel, cannot supply cause to excuse a procedural default that occurs in those proceedings except where state law requires a claim of ineffective assistance of trial counsel to be raised in an “initial-review collateral proceeding,” rather than on direct appeal or where the state’s “procedural framework, by reason of its design and operation, makes it unlikely in a typical case that a defendant will have a meaningful opportunity to raise” the claim on direct appeal. Extending the exception is not required to ensure that meritorious claims of trial error receive review by at least one state or federal court. A claim of trial error, preserved by trial counsel but not raised by counsel on appeal, will have been addressed by the trial court. View "Davila v. Davis" on Justia Law

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In 2007-2008, Lehman Brothers raised capital through public securities offerings. Petitioner, the largest public pension fund in the country, purchased some of those securities. A 2008 putative class action claimed that financial firms were liable under the Securities Act of 1933, 15 U.S.C. 77k(a), for their participation as underwriters in the transactions, alleging that certain registration statements for Lehman’s offerings included material misstatements or omissions. More than three years after the relevant offerings, petitioner filed a separate complaint with the same allegations. A proposed settlement was reached in the putative class action, but petitioner opted out. The Second Circuit affirmed dismissal of the individual suit, citing the three-year bar in Section 13 of the Act. The Supreme Court affirmed. Section 13’s first sentence states a one-year limitations period; the three-year time limit is a statute of repose, not subject to equitable tolling. Its instruction that “[i]n no event” shall an action be brought more than three years after the relevant securities offering admits of no exception. The statute runs from the defendant’s last culpable act (the securities offering), not from the accrual of the claim (the plaintiff’s discovery of the defect). Tolling is permissible only where there is a particular indication that the legislature did not intend the statute to provide complete repose but instead anticipated the extension of the statutory period under certain circumstances. The timely filing of a class-action complaint does not fulfill the purposes of a statutory time limit for later-filed suits by individual class members. View "California Public Employees’ Retirement System v. ANZ Securities, Inc." on Justia Law

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In January 2017, President Trump signed executive order EO-1, "Protecting the Nation From Foreign Terrorist Entry," suspending, for 90 days, entry of foreign nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen, and suspending the United States Refugee Admissions Program (USRAP) for 120 days. The Ninth Circuit upheld a nationwide temporary restraining order. The government revoked EO-1. EO-2 issued on March 6, describing conditions in six countries that “demonstrate ... heightened risks to [U.S.] security.” EO–2 section 2(a) directs Homeland Security to determine whether foreign governments provide adequate information about nationals applying for U.S visas and to report those findings to the President within 20 days; nations identified as deficient will have 50 days to alter their practices (2(b)). EO–2 2(c) directs that entry of nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen, be suspended for 90 days; section 3(c) provides for case-by-case waivers. Section 6(a) suspends decisions on applications for refugee status and travel of refugees under the USRAP for 120 days; 6(b) suspends refugee entries in excess of 50,000 for this year. The order’s stated effective date is March 16, 2017. The Ninth Circuit again declined to stay a temporary injunction. The Supreme Court stayed the order in part, with respect to sections 2(c), 6(a), and 6(b). An American individual or entity that has a bona fide relationship with a particular person seeking to enter the country can legitimately claim concrete hardship if that person is excluded, even if the 50,000-person cap has been reached. As to these individuals and entities, the Court did not disturb the injunction; as to those lacking any such connection, the balance tips in favor of the government’s compelling interest in security. The Court noted a June 12 Ninth Circuit decision vacating the injunction as to 2(a) and stated that the Executive should conclude its work and provide adequate notice to foreign governments within the 90-day life of 2(c). View "Trump. v. International Refugee Assistance Project" on Justia Law

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Trinity Lutheran Child Learning Center, operating on church property, sought to replace its playground’s gravel surface by participating in Missouri’s Scrap Tire Program, which offers grants to qualifying nonprofit organizations that install playground surfaces made from recycled tires. The Department of Natural Resources had a strict, express policy of denying grants to any applicant owned or controlled by a church, sect, or other religious entity and denied the Center’s application, citing Missouri Constitution Article I, Section 7. The Church sued under the Free Exercise Clause of the First Amendment. The Eighth Circuit affirmed dismissal. The Supreme Court reversed. The policy violated Trinity's rights under the Free Exercise Clause of the First Amendment by denying the Church an otherwise available public benefit on account of its religious status. Laws imposing special disabilities on the basis of religious status trigger the strictest scrutiny. The Court rejected an argument that simply declining to allocate to Trinity a subsidy the state had no obligation to provide did not meaningfully burden the Church’s free exercise rights; the Free Exercise Clause protects against “indirect coercion or penalties on the free exercise of religion, not just outright prohibitions.” The express discrimination against religious exercise here is not the denial of a grant, but rather the refusal to allow the Church—solely because it is a church—to compete with secular organizations for a grant. Trinity was put to the choice between being a church and receiving a government benefit. The Department “offers nothing more than Missouri’s preference for skating as far as possible from religious establishment concerns.” View "Trinity Lutheran Church of Columbia, Inc. v. Comer" on Justia Law

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In 2010, a U.S. Border Patrol agent standing on U.S. soil shot and killed Hernandez, an unarmed 15-year-old Mexican national, standing on Mexican soil. Hernandez had been playing a game that involved running up the embankment on the U.S. side of the border. After the Justice Department closed an investigation, declining to file charges, Hernandez’s parents filed suit, including a “Bivens” claims for damages against the agent. The Fifth Circuit affirmed dismissal. The Supreme Court vacated and remanded. A “Bivens” implied right of action for damages against federal officers alleged to have violated a citizen’s constitutional rights is not available where there are special factors counselling hesitation in the absence of affirmative action by Congress. In light of recent Supreme Court precedent (Abbasi), the Fifth Circuit must consider “whether the Judiciary is well suited, absent congressional action or instruction, to consider and weigh the costs and benefits of allowing a damages action to proceed.” The Court noted that the Fourth Amendment question is sensitive and may have far-reaching consequences. Qualified immunity shields officials from civil liability if their conduct does not violate clearly established constitutional rights of which a reasonable person would have known. The lower court concluded that the prohibition on excessive force did not apply to Hernandez, as a foreign national on foreign soil, but the Court noted that Hernández’s nationality and the extent of his ties to the U.S. were unknown to the agent at the time of the shooting. View "Hernandez v. Mesa" on Justia Law

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Under the Civil Service Reform Act, the Merit Systems Protection Board (MSPB) has the power to review certain personnel actions against federal employees. If an employee asserts rights under the CSRA only, MSPB decisions are subject to judicial review exclusively in the Federal Circuit, 5 U.S.C. 7703(b)(1). If the employee invokes only federal antidiscrimination law, the proper forum is federal district court. An employee who complains of a serious adverse employment action and attributes the action, in whole or in part, to bias based on race, gender, age, or disability brings a “mixed case.” When the MSPB dismisses a mixed case on the merits or on procedural grounds, review authority lies in district court, not the Federal Circuit. Perry received notice that he would be terminated from his Census Bureau employment for spotty attendance. Perry agreed to early retirement. The settlement required Perry to dismiss discrimination claims he had filed separately with the EEOC. After retiring, Perry appealed to the MSPB, alleging discrimination based on race, age, and disability, and retaliation for his discrimination complaints. He claimed the settlement had been coerced. Presuming Perry’s retirement to be voluntary, an ALJ dismissed his case for lack of jurisdiction. The MSPB affirmed, stating that Perry could seek review in the Federal Circuit. Perry instead sought review in the D.C. Circuit, which transferred the case to the Federal Circuit. The Supreme Court reversed. The proper review forum when the MSPB dismisses a mixed case on jurisdictional grounds is district court. A nonfrivolous claim that an agency action appealable to the MSPB violates an antidiscrimination statute listed in section 7702(a)(1) suffices to establish district court jurisdiction. Had Congress wanted to bifurcate judicial review, sending merits and procedural decisions to district court and jurisdictional dismissals to the Federal Circuit, it could have said so. View "Perry v. Merit Systems Protection Board" on Justia Law

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Lee moved to the U.S. from South Korea with his parents when he was 13. For 35 years he never returned to South Korea, nor did he become a U.S. citizen. He is a lawful permanent resident. In 2008, Lee admitted possessing ecstasy with intent to distribute. His attorney repeatedly assured him that he would not be deported as a result of pleading guilty. Lee accepted a plea and was sentenced to a year and a day in prison. His conviction was an “aggravated felony,” 8 U.S.C. 1101(a)(43)(B), so he was subject to mandatory deportation. When Lee learned of this consequence, he moved to vacate his conviction, arguing that his attorney had provided constitutionally ineffective assistance. Lee and his plea-stage counsel testified that “deportation was the determinative issue” in Lee's decision to accept a plea. Lee’s counsel acknowledged that although Lee’s defense was weak, if he had known Lee would be deported upon pleading guilty, he would have advised him to go to trial. The Sixth Circuit affirmed denial of relief. The Supreme Court reversed. Lee established that he was prejudiced by erroneous advice, demonstrating a “reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” The Court stated that the inquiry demands a “case-by-case examination.” A defendant’s decisionmaking may not turn solely on the likelihood of conviction after trial. When the inquiry is focused on what an individual defendant would have done, the possibility of even a highly improbable result may be pertinent to the extent it would have affected the defendant’s decisionmaking. The Court reasoned that it could not say that it would be irrational for someone in Lee’s position to risk additional prison time in exchange for holding on to some chance of avoiding deportation. View "Lee v. United States" on Justia Law

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The St. Croix River, part of the boundary between Wisconsin and Minnesota, is protected under federal, state, and local law. State and local regulations prevent the use or sale of adjacent riverside lots under common ownership as separate building sites unless they have at least one acre of land suitable for development. Petitioners’ parents purchased adjacent Troy, Wisconsin lots separately in the 1960s, and transferred one lot to petitioners in 1994 and the other to petitioners in 1995. Each lot is over one acre, but because of the topography, each has less than one acre suitable for development; common ownership barred their separate sale or development. Petitioners unsuccessfully sought variances, then filed suit, alleging a regulatory taking. The state courts and U.S. Supreme Court rejected the claims, regarding the property as a single unit in assessing the effect of the challenged governmental action. The Court noted the flexibility inherent in regulatory takings jurisprudence. Courts must consider several factors. Wisconsin’s merger provision is a legitimate exercise of state power and the valid merger of the lots under state law informs the reasonable expectation that the lots will be treated as a single property. The lots are contiguous. Their terrain and shape make it reasonable to expect their range of potential uses might be limited. Petitioners could have anticipated regulation of the property, given its location along the river, which was regulated by federal, state, and local law long before they acquired the land. The restriction is mitigated by the benefits of using the property as an integrated whole, allowing increased privacy and recreational space, plus an optimal location for any improvements. This relationship is evident in the lots’ combined valuation. View "Murr v. Wisconsin" on Justia Law

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Maslenjak is an ethnic Serb who resided in Bosnia during the civil war. In 1998, she and her family sought refugee status in the U.S.. Interviewed under oath, Maslenjak explained that the family feared persecution: Muslims would mistreat them because of their ethnicity, and Serbs would abuse them because Maslenjak’s husband had evaded service in the Bosnian Serb Army. They were granted refugee status. Years later, Maslenjak applied for citizenship and swore that she had never given false information to a government official while applying for an immigration benefit or lied to an official to gain entry. She was naturalized. It later emerged Maslenjak had known all along that her husband spent the war years as an officer in the Bosnian Serb Army. The government charged Maslenjak with knowingly “procur[ing], contrary to law, [her] naturalization,” 18 U.S.C. 1425(a). The Supreme Court vacated her conviction, reversing the Sixth Circuit. Section 1425(a) makes clear that, to secure a conviction, the government must establish that the defendant’s illegal act played a role in her acquisition of citizenship. Under the government’s reading “Some legal violations that do not justify denying citizenship would nonetheless justify revoking it later.” The statute Congress passed strips a person of citizenship not when she committed any illegal act during the naturalization process, but only when that act played some role in her naturalization. The government must prove that the misrepresented fact was sufficiently relevant to a naturalization criterion that it would have prompted reasonable officials, “seeking only evidence concerning citizenship qualifications,” to undertake further investigation. If that is true, the inquiry turns to the prospect that the investigation would have borne disqualifying fruit. When the government can make its two-part showing, the defendant may overcome it by establishing that she was nonetheless qualified for citizenship. View "Maslenjak v. United States" on Justia Law

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