Justia U.S. Supreme Court Opinion Summaries

Maui’s wastewater reclamation facility collects sewage, partially treats it, and daily pumps around four million gallons of treated water into the ground through four wells. This effluent then travels about a half-mile, through groundwater, to the Pacific Ocean. Environmental groups brought a citizens’ suit under the Clean Water Act, 33 U.S.C. 1365, alleging that Maui was “discharg[ing]” a “pollutant” to “navigable waters” without the required permit. The Ninth Circuit affirmed summary judgment for the environmentalists.The Supreme Court vacated. The Act requires a permit when there is a direct discharge from a point source into navigable waters or when there is the functional equivalent of a direct discharge. The Court rejected both the Ninth Circuit’s broad “fairly traceable” interpretation and the total exclusion of all discharges through groundwater, as urged by Maui and reflected in the EPA’s recent Interpretive Statement, that “all releases of pollutants to groundwater” are excluded from the scope of the permitting program." That interpretation is inconsistent with the statute’s reference to “any addition” of a pollutant from a "point source" to navigable waters, given the statute’s inclusion of “wells” in the “point source” definition; wells ordinarily discharge pollutants through groundwater.The statute is intended to provide federal regulation of identifiable sources of pollutants entering navigable waters without undermining the states’ longstanding regulatory authority over land and groundwater. A permit is required when there is a discharge from a point source directly into navigable waters or when there is the functional equivalent of a direct discharge. Many factors may be relevant to determining whether a particular discharge is the functional equivalent of one directly into navigable waters. Time and distance will be the most important factors in most cases, but other relevant factors may include the nature of the material through which the pollutant travels and the extent to which the pollutant is diluted or chemically changed as it travels. Although this interpretation does not present a clear line, the EPA has applied the permitting provision to some discharges through groundwater for over 30 years, with no evidence of inadministrability or an unmanageable expansion in the statute’s scope. View "County of Maui v. Hawaii Wildlife Fund" on Justia Law

To slow the spread of the COVID-19 pandemic, Wisconsin’s Governor ordered Wisconsinites to stay at home until April 24. An unprecedented number of voters requested absentee ballots for the state’s spring election, resulting in a severe backlog of ballots not promptly mailed to voters. Plaintiffs, including the Democratic party, sued the Wisconsin Elections Commission and, on April 2, obtained a preliminary injunction that extended the deadline for voters to request absentee ballots and extended the deadline for election officials to receive completed absentee ballots.On the day before the April 7 election, the Supreme Court stayed the preliminary injunction to the extent it required Wisconsin to count absentee ballots postmarked after April 7. The Court declined to address “the wisdom of” proceeding with the scheduled election, opting to answer “a narrow, technical question.” While the deadline for the municipal clerks to receive absentee ballots is extended to April 13, those ballots must be mailed and postmarked by election day.The plaintiffs had not asked that the court allow ballots postmarked after election day to be counted; the court unilaterally ordered that such ballots be counted if received by April 13. That extension would fundamentally alter the nature of the election and would afford relief that the plaintiffs did not seek. In its order enjoining the public release of any election results for six days after election day, the district court essentially enjoined nonparties. The Court noted no evidence that voters who requested absentee ballots at the last minute would be in a substantially different position from late-requesting voters in other Wisconsin elections with respect to receiving ballots; the deadline for receiving ballots was extended to ensure that their votes count. The Court declined to express an opinion on whether other election procedure modifications are appropriate in light of COVID–19. View "Republican National Committee v. Democratic National Committee" on Justia Law

Babb, a VA pharmacist, filed suit under the Age Discrimination in Employment Act, 29 U.S.C. 633a(a). The district court granted the VA summary judgment, finding that Babb had established a prima facie case but that the VA had proffered legitimate reasons for the challenged actions, and that no jury could reasonably conclude that those reasons were pretextual. The Eleventh Circuit affirmed.The Supreme Court reversed. Section 633a(a) demands that federal sector personnel actions be untainted by any consideration of age. The ADEA does not require proof that a federal employment decision would have turned out differently if age had not been taken into account. If age is a factor in an employment decision, the statute has been violated. It is not anomalous to hold the federal government to a stricter standard than private employers or state and local governments.But-for causation is important in determining the appropriate remedy. To obtain reinstatement, damages, or other relief related to the end result of an employment decision, a showing that a personnel action would have been different if age had not been taken into account is necessary, but if age discrimination played a lesser part in the decision, other remedies may be appropriate. View "Babb v. Wilkie" on Justia Law

In 1996, Intersal, a marine salvage company, discovered the shipwreck of the Queen Anne’s Revenge off the North Carolina coast. North Carolina, the shipwreck’s legal owner, contracted with Intersal to conduct recovery. Intersal hired videographer Allen to document the efforts. Allen recorded the recovery for years. He registered copyrights in all of his works. When North Carolina published some of Allen’s videos and photos online, Allen sued for copyright infringement, arguing that the Copyright Remedy Clarification Act of 1990 (CRCA, 17 U.S.C. 511(a)) removed the states’ sovereign immunity in copyright infringement cases.The Supreme Court affirmed the Fourth Circuit, ruling in favor of North Carolina. Congress lacked the authority to abrogate the states’ immunity from copyright infringement suits in the CRCA. A federal court may not hear a suit brought by any person against a nonconsenting state unless Congress has enacted “unequivocal statutory language” abrogating the states’ immunity from suit and some constitutional provision allows Congress to have thus encroached on the states’ sovereignty. Under existing precedent, neither the Intellectual Property Clause, Art. I, section 8, cl. 8, nor Section 5 of the Fourteenth Amendment, which authorizes Congress to “enforce” the commands of the Due Process Clause, provides that authority. View "Allen v. Cooper" on Justia Law

The Immigration Reform and Control Act (IRCA) makes it unlawful to hire an alien knowing that he is unauthorized to work in the U.S., 8 U.S.C. 1324a(a)(1), (h)(3). Employers must use an I-9 form to “attest” that they have “verified” that any new employee “is not an unauthorized alien” by examining approved documents. IRCA requires all employees to complete an I–9, attest that they are authorized to work, and provide specific personal information. It is a federal crime for an employee to provide false information on an I–9 or to use fraudulent documents to show work authorization, 18 U.S.C. 1028, 1546; it is not a federal crime for an alien to work without authorization. State laws criminalizing such conduct are preempted. The I–9 forms and appended documentation and the employment verification system may only be used for enforcement of specified federal laws.Kansas makes it a crime to commit “identity theft” or engage in fraud to obtain a benefit. Unauthorized aliens were convicted for fraudulently using another person’s Social Security number on tax withholding forms that they submitted upon obtaining employment. They had used the same Social Security numbers on their I–9 forms. The Kansas Supreme Court reversed, concluding that IRCA prohibits a state from using any information contained within an I–9 as the basis for a state law identity theft prosecution of an alien who uses another’s Social Security information in an I–9.The U.S. Supreme Court reversed, rejecting the theory that no information placed on an I–9 could ever be used by any entity or person for any reason, other than the listed federal statutes. The sole function of the federal employment verification system is to establish that an employee is not barred from working in this country. The tax-withholding documents play no part in that process. Submitting withholding documents helped the defendants get jobs, but did not assist them in showing that they were authorized to work. The Kansas laws do not fall into a field that is implicitly reserved exclusively for federal regulation. Federal law does not create a unified, comprehensive system regarding the information that a state may require employees to provide. It is possible to comply with both IRCA and the Kansas statutes; the Kansas prosecutions did not frustrate any federal interests. View "Kansas v. Garcia" on Justia Law

In 1979, the Superintendent of Catholic Schools of the Archdiocese of San Juan created a trust to administer a pension plan for Catholic school employees. In 2016, active and retired school employees filed suit, alleging that the Trust had terminated the plan, eliminating the employees’ pension benefits. They named as defendants the “Roman Catholic and Apostolic Church of Puerto Rico” (Church), which they claimed was a legal entity with supervisory authority over all Catholic institutions in Puerto Rico, the Archdiocese, the Superintendent, three schools, and the Trust.Following a remand, the Puerto Rico Supreme Court reinstated orders requiring payment. The court held that the Treaty of Paris recognized the “legal personality” of “the Catholic Church” in Puerto Rico, and that the only defendant with separate legal personality, and the only entity that could be ordered to pay the pensions, was the Church.The U.S. Supreme Court vacated, declining to address issues under the Free Exercise and Establishment Clauses. The Court of First Instance lacked jurisdiction to issue the payment and seizure orders. After the remand, the Archdiocese removed the case to federal court, arguing that the Trust had filed for bankruptcy and that this litigation was sufficiently related to the bankruptcy to give rise to federal jurisdiction. The Bankruptcy Court dismissed the Trust’s bankruptcy proceeding before the Court of First Instance issued the relevant payment and seizure orders but the district court did not remand the case to the Court of First Instance until five months later. Once a notice of removal is filed, the state court loses all jurisdiction over the case. The orders were void. View "Roman Catholic Archdiocese of San Juan v. Feliciano" on Justia Law

U.S. Border Patrol Agent Mesa, standing on U.S. soil shot and killed Hernández, a 15-year-old Mexican national, who was on Mexican soil, after having run back across the border after entry onto U.S. territory. Mesa contends that Hernández was part of an illegal border crossing attempt. Hernández’s parents claim he was playing a game with his friends that involved running across the culvert. The Department of Justice concluded that Mesa had not violated Customs and Border Patrol policy or training, and declined to bring charges. The government denied Mexico’s request for Mesa to be extradited. Hernández’s parents sought damages under "Bivens," alleging that Mesa violated Hernández’s Fourth and Fifth Amendment rights. The Fifth Circuit affirmed the dismissal of the suit. On remand from the Supreme Court for reconsideration in light of "Ziglar," the Fifth Circuit again affirmed.The Supreme Court affirmed. Bivens does not extend to claims based on a cross-border shooting. Its expansion to recognize causes of action not expressly created by Congress is “a disfavored’ judicial activity.” While Hernández’s Bivens claims are based on the same constitutional provisions as claims in cases in which damages remedies have been recognized, the context—a cross-border shooting—is significantly different and involves a “risk of disruptive intrusion by the Judiciary into the functioning of other branches.” The Court noted that foreign relations are “so exclusively entrusted to the political branches . . . as to be largely immune from judicial inquiry” and noted the risk of undermining border security. Congress has repeatedly declined to authorize the award of damages against federal officials for injury inflicted outside U. S. borders. When Congress has provided compensation for such injuries, it has done so by empowering Executive Branch officials to make payments under appropriate circumstances. View "Hernandez v. Mesa" on Justia Law

Under the Census Act, authorized by the Enumeration Clause, the Secretary of Commerce conducts the decennial census “in such form and content as he may determine,” 13 U.S.C. 141(a), aided by the Census Bureau. Census data is used to apportion congressional representatives, allocate federal funds, draw electoral districts, and collect demographic information. All but one survey between 1820 and 2000 asked at least some people about their citizenship or place of birth. In 2010, the citizenship question was moved to the American Community Survey, which is sent annually to a small sample of households.In 2018, Secretary of Commerce Ross announced that he would reinstate a citizenship question on the 2020 census at the request of the Department of Justice (DOJ), which sought census data to use in enforcing the Voting Rights Act (VRA). The Secretary indicated that other alternatives had been explored and that he “carefully considered” that reinstating the question could depress the response rate. The plan was challenged under the Enumeration Clause, the Administrative Procedure Act (APA) and the Equal Protection Clause. The Commerce Department’s administrative record indicated that the Secretary began exploring reinstatement of a citizenship question shortly after his 2017 confirmation, attempted to elicit requests for citizenship data from other agencies, and eventually persuaded DOJ to make the request.The Supreme Court affirmed in favor of the objectors. While the Secretary may inquire about citizenship on the census questionnaire, his decision is reviewable under the APA, except “to the extent that” the agency action is “committed to agency discretion by law.” The Census Act confers broad authority but does not leave the Secretary's discretion unbounded. The census is not traditionally regarded as “committed to agency discretion.” The Secretary technically complied with the statutes; he explored obtaining the information from other sources, fully informed Congress, and explained his decision. Viewing the evidence as a whole, however, the Court concluded that the decision cannot adequately be explained by DOJ’s request. The Secretary took steps to reinstate the question a week into his tenure, with no concern for VRA enforcement. His staff attempted to elicit requests for citizenship data from other agencies before turning to the VRA rationale. The reasoned explanation requirement of administrative law is meant to ensure that agencies offer genuine justifications for important decisions, reasons that can be scrutinized by courts and the interested public. The Secretary's explanation "was more of a distraction." View "Department of Commerce v. New York" on Justia Law

Tennessee law requires applicants for an initial license to operate a retail liquor store to have resided in Tennessee for the prior two years; an applicant for license renewal must have resided in Tennessee for 10 consecutive years. A corporation cannot obtain a license unless all of its stockholders are residents. The state attorney general opined that the requirements were invalid. The Tennessee Alcoholic Beverage Commission (TABC) declined to enforce them and sought a declaratory judgment. The Sixth Circuit and Supreme Court held that the two-year requirement violated the Commerce Clause and is not saved by the Twenty-first Amendment. Under the dormant Commerce Clause cases, a state law that discriminates against out-of-state goods or nonresident economic actors can be sustained only on a showing that it is narrowly tailored to “advanc[e] a legitimate local purpose.” Tennessee’s two-year residency requirement favors Tennesseans over nonresidents but, because it applies to the sale of alcohol, must be evaluated in light of section 2 of the Twenty-first Amendment: The “transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.” Section 2 grants the states latitude with respect to the regulation of alcohol but does not allow states to violate the non-discrimination principle and does not entirely supersede Congress’s power to regulate commerce. States have not historically enjoyed absolute authority to police alcohol within their borders. Tennessee’s objective of ensuring that retailers are subject to process in state courts could easily be achieved by requiring a nonresident to designate an agent to receive process. Tennessee can thoroughly investigate applicants without requiring residency. Nor is the residency requirement essential to oversight. The goal of promoting responsible alcohol consumption could be served by limiting the number of licenses and the amount of alcohol that may be sold to an individual, mandating more extensive training, or monitoring retailer practices. View "Tennessee Wine and Spirits Retailers Association v. Thomas" on Justia Law

Kisor, a Vietnam veteran, unsuccessfully sought VA disability benefits in 1982, alleging that he had developed PTSD from his military service. In 2006, Kisor moved to reopen his claim. The VA then agreed he was eligible for benefits, but granted benefits only from the date of his motion to reopen, not from the date of his first application. The Board of Veterans’ Appeals, Court of Appeals for Veterans Claims, and Federal Circuit affirmed, citing deference to an agency’s reasonable reading of its own ambiguous regulations. The Supreme Court vacated and remanded, reasoning that when the reasons for the presumption in favor of deference do not hold up, or when countervailing reasons outweigh them, courts should not give deference to an agency’s reading. Confining its 1997 decision, Auer v. Robbins, the plurality stated that a court should not afford deference unless, after exhausting all “traditional tools” of construction, the regulation is genuinely ambiguous. If genuine ambiguity remains, the agency’s reading must fall “within the bounds of reasonable interpretation” and the court must independently determine the character and context of the agency interpretation. The interpretation must be the agency’s authoritative or official position and must implicate its substantive expertise. The basis for deference ebbs when the subject matter of a dispute is distant from the agency’s ordinary duties. The agency’s reading of a rule must reflect its “fair and considered judgment” not a “convenient litigating position,” or an “unfair surprise.” The plurality declined to overrule Auer and a “long line of precedents” finding no “special justification.” In Kisor's case, the Federal Circuit found the VA’s regulation ambiguous before applying all its interpretive tools and assumed too fast that deference should apply. View "Kisor v. Wilkie" on Justia Law