Appellate Courts Address Affirmative Action Fees, Gender Identity Policies, and Church-State Separation

Welcome to a new week of legal news, focusing on major decisions made in appellate courts across the United States. This roundup covers a variety of court cases, from Harvard’s court fight over affirmative action legal fees to the regulation of the Supreme Court by Congress. Let’s delve into these critical legal events.

Allie Reed of Bloomberg Law notes the interesting tale of Harvard’s failure in its attempt to avoid legal fees related to affirmative action. The report details the ruling by the U.S. Court of Appeals for the First Circuit, issued last Wednesday, condemning Harvard’s manipulation of its insurer to elude expenses.

Moving on to a controversial topic, Nate Raymond of Reuters covers a case where parents were barred from challenging the gender identity policy of a school. This ruling, demonstrating the contentious climate surrounding education and gender identity, was issued by a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.

Insights into the workings of the Supreme Court come from Cornell Law professor Michael C. Dorf. Dorf critiques Justice Alito’s stance on Congress’ power to regulate the Supreme Court, arguing instead that Congress does and can exercise such power. His essay offers an in-depth analysis of this often-overlooked aspect of U.S. governance.

In state-level news, Ted Sherman of The Newark Star-Ledger covers the New Jersey Supreme Court’s decision, stating that a Catholic school can fire an unwed pregnant teacher because of religious tenets. The report raises important questions about the intersection of religious freedom and worker’s rights.

Lastly, Ian Millhiser of Vox addresses the contentious issue of the separation of church and state in a recent essay. Millhiser argues that the Supreme Court is eroding the Constitution’s establishment clause, potentially leading to a profound shift in the longstanding demarcation between church and state.

This article is based on items from Howard Bashman’s How Appealing blog, the web’s first devoted to appellate litigation. More stories can be found here.