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The Supreme Court struck down affirmative action in higher education on Thursday. In her 68-page dissent, she argued that the court is "entrenching racial inequality in education." In striking down affirmative action, Sotomayor argued, the court is cementing "a superficial rule of colorblindness" in an "endemically segregated society." She goes on to argue that the court's decision is "grounded in the illusion that racial inequality was a problem of a different generation." "Entrenched racial inequality remains a reality today," wrote Sotomayor.
Persons: Sonia Sotomayor, , Sonia Sotomayor —, Elena Kagan, Ketanji Brown Jackson —, Sotomayor, Robert Blum, Donald Trump Organizations: Service, United States Supreme, of Education, Fair, Harvard University, University of North Locations: America, Brown, University of North Carolina
In an extraordinary exchange that played out among the pages of a landmark decision by the Supreme Court declaring race-conscious admissions at colleges and universities across the nation unlawful, two Black justices battled over the merits of affirmative action. Even as they appeared to agree over the policy’s aim — remedying the longstanding discrimination and segregation of Black Americans — they drew opposite conclusions on how and what to do. Both justices were raised by Black family members who suffered under Jim Crow and segregation, and both gained admission to elite law schools (Justice Jackson to Harvard, Justice Thomas to Yale) before ascending to the Supreme Court. But their interpretation of the law and their understanding of affirmative action and its role in American life could not be farther apart. In his concurring opinion, Justice Thomas called out Justice Jackson directly in a lengthy critique, singling out her views on race and leveling broader criticisms of liberal support for affirmative action.
Persons: Clarence Thomas, Ketanji Brown Jackson, , Black, Jim Crow, Jackson, Justice Thomas, Yale, Justice Jackson Organizations: Harvard, Supreme
PinnedThe Supreme Court on Thursday ruled that the race-conscious admissions programs at Harvard and the University of North Carolina were unlawful, curtailing affirmative action at colleges and universities around the nation, a policy that has long been a pillar of higher education. The university responded that its admissions policies fostered educational diversity and were lawful under longstanding Supreme Court precedents. Seven years later, only one member of the majority in the Texas case, Justice Sotomayor, remains on the court. Justice Jackson recused herself from the Harvard case, having served on one of its governing boards. The Texas decision essentially reaffirmed Grutter v. Bollinger, a 2003 decision in which the Supreme Court endorsed holistic admissions programs, saying it was permissible to consider race to achieve educational diversity.
Persons: Edward Blum, Antonin Scalia, Elena Kagan, Justice Anthony M, Kennedy, Ruth Bader Ginsburg, Stephen G, Breyer, Sonia Sotomayor, Justice Sotomayor, Justice Kennedy, Brett M, Kavanaugh, Ginsburg, Amy Coney Barrett, Justice Breyer, Justice Ketanji Brown Jackson, Justice Jackson, Grutter, Bollinger, Sandra Day O’Connor Organizations: Harvard, University of North, Civil, Asian, Fair, University of Texas Locations: University of North Carolina, North Carolina, Austin, Texas
Supreme Court Justice Ketanji Brown Jackson excoriated her colleagues who voted to strike down race-conscious college admissions policies, accusing the majority of "turning back the clock" on affirmative action. "With let-them-eat-cake obliviousness, today, the majority pulls the ripcord and announces 'colorblindness for all' by legal fiat," Jackson wrote in a thundering dissent to the major court ruling Thursday. By all accounts, they are still stark," Jackson wrote. But if that is its motivation, the majority proceeds in vain," the justice wrote. Thursday's ruling dealt with two separate cases related to affirmative action policies at Harvard University and the University of North Carolina.
Persons: Ketanji Brown Jackson, Joe Bidens, Jackson, Joe Biden, Thursday's, Sonia Sotomayor, Sotomayor, Elena Kagan, John Roberts, Roberts Organizations: Chamber, U.S, Capitol, Supreme, Harvard University, University of North, Harvard, Harvard's, UNC, Constitution Locations: Joe Bidens State, University of North Carolina
Jackson and Thomas, reflecting a deep divide in the United States, diverged on how race must be treated in the law. Thomas wrote a concurring opinion accompanying the ruling that said Jackson's "race-infused world view falls flat at each step." "Our country has never been colorblind," Jackson wrote in her dissenting opinion, which was joined by the two other liberal justices. Much of what Thomas wrote on Thursday was directed at Jackson. "Justice Thomas ignited too many straw men to list, or fully extinguish," Jackson wrote.
Persons: Ketanji Brown Jackson, Clarence Thomas, Jackson, Thomas, Jackson myopically, Ilya Somin, Jim Crow, Michael Dorf, Justice Jackson, John Roberts, Black, Joe Biden, Andrew Chung, Will Dunham Organizations: U.S, Supreme, Constitution, George Mason University, Black, Cornell Law, Harvard, UNC, Democratic, Thomson Locations: United States, U.S, Southern, New York
The Supreme Court ruled Thursday that affirmative action in college admissions was unconstitutional. Earlier Supreme Court cases have upheld affirmative action — the practice of giving additional weight to applicants who belong to groups that have historically been the subject of discrimination — for four decades. Ever since former President Donald Trump cemented a 6-3 conservative majority on the Supreme Court, legal experts have expected the Supreme Court to do away with affirmative action altogether. Students for Fair Admissions brought two lawsuits that ended up before the Supreme Court last fall, against Harvard University and the University of North Carolina, alleging they discriminated against white and Asian-American students. Every US college and university the justices attended, save one, urged the court to preserve race-conscious admissions.
Persons: , Robert Blum, Donald Trump, Justice Thomas Roberts, Roberts, Ketanji Brown Jackson, Sonia Sotomayer, Kevin M, Jackson, Elena Kagan, Neil Gorsuch, Kagan, Amy Coney Organizations: Harvard University, University of North, Service, Fair, Ivy League, Pacific, Associated Press, NORC, for Public Affairs Research, Pew Research Center, Harvard, — Yale, Notre Dame, Rhodes College Locations: University of North Carolina, Carolina, North Carolina, States, America, American, Pacific Islander, California , Michigan, Washington, Arizona , Florida, Georgia , Nebraska , New Hampshire, Oklahoma, California, U.S, Princeton, Columbia, Memphis , Tennessee
admissions programs cannot be reconciled with the guarantees of the equal protection clause,” Chief Justice John G. Roberts Jr. wrote for the majority. The court had repeatedly upheld similar admissions programs, most recently in 2016, saying that race could be used as one factor among many in evaluating applicants. The university responded that its admissions policies fostered educational diversity and were lawful under longstanding Supreme Court precedents. Writing for the majority, Justice Anthony M. Kennedy said that courts must give universities substantial but not total leeway in devising their admissions programs. The Texas decision essentially reaffirmed Grutter v. Bollinger, a 2003 decision in which the Supreme Court endorsed holistic admissions programs, saying it was permissible to consider race to achieve educational diversity.
Persons: , John G, Roberts, , Sonia Sotomayor, Edward Blum, Antonin Scalia, Elena Kagan, Justice Anthony M, Kennedy, Ruth Bader Ginsburg, Stephen G, Breyer, Justice Sotomayor, Justice Kennedy, Brett M, Kavanaugh, Ginsburg, Amy Coney Barrett, Justice Breyer, Justice Ketanji Brown Jackson, Justice Jackson, Grutter, Bollinger, Sandra Day O’Connor, Clarence Thomas Organizations: Harvard, University of North, Civil, Asian, Fair, University of Texas Locations: University of North Carolina, North Carolina, Austin, Texas
“The Harvard and UNC admissions programs cannot be reconciled with the guarantees of the Equal Protection Clause. We have never permitted admissions programs to work in that way, and we will not do so today,” Roberts wrote. During oral arguments, Solicitor General Elizabeth Prelogar stressed the unique interests of the military and argued that race-based admissions programs further the nation’s compelling interest of diversity. Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law, said the decision will still not end the legal fight over college admissions. The Supreme Court stepped in to consider the case before it was heard by a federal appeals court.
Persons: John Roberts, , ” Roberts, Clarence Thomas, , ” Thomas, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, ” Sotomayor, Sotomayor, Martin Luther King, Jackson, “ ‘, Roberts, Elizabeth Prelogar, ” Jackson, Kevin McCarthy, Republican Sen, Ted Cruz, Donald Trump, ” Trump, Mike Pence, ” Pence, Chuck Schumer, Laura Coates, Steve Vladeck, ” Vladeck, ” Long, SSFA, Loretta C, Biggs, ” Biggs, SFFA, Cameron T, Norris, Harvard “, Prelogar, Lewis F, Powell Jr Organizations: CNN, Harvard, University of North, UNC, Supreme, GOP, Republican, America, Truth, New York Democrat, University of Texas School of Law, Asian, Fair, Court, Middle, Middle District of, University, US, University of California, Bakke Locations: University of North Carolina, Independence, United States, Lower, Middle District, Middle District of North Carolina
WASHINGTON — President Joe Biden hammered the Supreme Court over its Thursday ruling striking down the use of affirmative action in college admissions, saying the decision "walked away from decades of precedent." "We cannot let this decision be the last word," Biden said in a White House address. Speaking on MSNBC's "Deadline: White House" later Thursday, Biden said the current Supreme Court has "done more to unravel basic rights and basic decisions than any court in recent history." The Supreme Court ruled the affirmative action policies of Harvard University and the University of North Carolina to be unconstitutional. In her dissenting opinion, Supreme Court Justice Ketanji Brown Jackson said the majority was "turning back the clock" on affirmative action.
Persons: Joe Biden, Biden, hasn't, John Roberts, Roberts, Ketanji Brown Jackson, Jackson Organizations: U.S, Harvard University, University of North, White, WASHINGTON Locations: U.S ., University of North Carolina, Washington
Washington CNN —The Supreme Court’s landmark ruling Thursday on affirmative action pitted its two Black justices against each other, with the ideologically opposed jurists employing unusually sharp language attacking each other by name. Justice Clarence Thomas and the court’s other four conservatives joined Roberts’ opinion. Thomas has previously acknowledged that he made it to Yale Law School because of affirmative action, but he has long criticized such policies. (While Jackson recused herself from the Harvard case, she did hear the UNC case, and her dissent was focused on the latter.) In his memoir, “My Grandfather’s Son,” Thomas says he felt “tricked” by paternalistic Whites at Yale who recruited Black students.
Persons: John Roberts, Clarence Thomas, Roberts, Thomas, Ketanji Brown Jackson, , ” Thomas, , Jackson, Sonia Sotomayor, Thomas ’, “ ‘, ” “, ” Jackson, Black, he’d Organizations: Washington CNN, Harvard, University of North, Yale Law School, UNC, CNN, Whites, Yale, , University of Michigan Law School, White, Bollinger Locations: University of North Carolina, Independence, United States, Yale
watch nowThe Supreme Court on Thursday ruled that the affirmative action admission policies of Harvard and the University of North Carolina are unconstitutional. Justice Clarence Thomas, a Black conservative who wrote a concurring opinion, said that the schools' affirmative action admissions policies "fly In the face of our colorblind constitution. In her dissent to the majority, liberal Justice Ketanji Brown Jackson, who is Black, called the ruling "truly a tragedy for us all." In doing so, she argued the Supreme Court "cements a superficial rule of colorblindness as a constitutional principle in an endemically segregated society where race has always mattered and continues to matter." U.S. Supreme Court Justice Sonia Sotomayor Getty Images
Persons: John Roberts, Roberts, Clarence Thomas, Thomas, Ketanji Brown Jackson, Chip Somodevilla, Sonia Sotomayor, Sotomayor, Sonia Sotomayor Getty Organizations: Harvard, University of North, U.S, Supreme, of Harvard College Locations: University of North Carolina, Washington ,
Ketanji Brown Jackson said Clarence Thomas's opinion showed "an obsession with race consciousness." In his own 57 page long concurring opinion, Associate Justice Clarence Thomas — a staunch conservative appointed by Republican President George H.W. "Worse still, Justice Jackson uses her broad observations about statistical relationships between race and select measures of health, wealth, and well-being to label all blacks as victims. "Given our history, the origin of persistent race-linked gaps should be no mystery," Jackson wrote. "Justice Thomas ignites too many more straw men to list, or fully extinguish, here," Jackson wrote.
Persons: Ketanji Brown Jackson, Clarence Thomas's, , Clarence Thomas —, George H.W, Bush —, Joe Biden, Thomas, Jackson Organizations: Service, United States Supreme, Republican, University of North Locations: University of North Carolina
[1/3] Judge Ketanji Brown Jackson listens to U.S. According to legal scholar Adam Feldman, who tracks court data, Jackson spoke more during oral arguments than any of the other current justices during their first terms. "She's just showed up from day one," said Terry Maroney, a Vanderbilt Law School professor who studies judicial decision-making and behavior. "She knows what she's doing, she's not shy, she's posing uncomfortable hypotheticals - and she's not afraid to do those things even if it's causing discomfort." Last year, rulings powered by the conservative justices ended recognition of a constitutional right to abortion and widened gun rights.
Persons: Ketanji Brown Jackson, Cory Booker, Elizabeth Frantz, Jackson, Lorie Smith, Smith, Santa Claus, Kristen Waggoner, Joe Biden, Adam Feldman, She's, Terry Maroney, she's, Stephen Breyer, Kent Greenfield, Greenfield, Sonia Sotomayor, Elena Kagan, Roman Martinez, John Roberts, Jackson's, Neil Gorsuch, Martinez, " Maroney, Andrew Chung, John Kruzel, Will Dunham Organizations: U.S . Senate, U.S, Supreme, Capitol, REUTERS, WASHINGTON, Democratic, Vanderbilt Law, Environmental Protection Agency, Boston College, Thomson Locations: Washington , U.S, Colorado, United States, California, New York, Washington
State legislatures will continue to be checked by state courts. Then-President Donald Trump and his allies helped elevate the once-fringe election theory in the wake of the 2020 presidential election. In effect, it meant that state legislatures could nullify their own state's presidential election results, disenfranchising potentially millions of Americans in the process. Roberts said that the high court's decision does not mean that state supreme courts have "free rein" in ruling on election laws. "We hold only that state courts may not transgress the ordinary bounds of judicial review such that they arrogate to themselves the power vested in state legislatures to regulate federal elections," he concluded.
Persons: John Roberts, Roberts, , Brett Kavanaugh, Amy Coney Barrett, Donald Trump, Michael Luttig, Luttig, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Clarence Thomas, Neil Gorsuch, Samuel Alito, Thomas, Moore, Harper, Harper I Organizations: Service, Trump, Biden, North Carolina, North, North Carolina Constitution Locations: North Carolina
The North Carolina controversy arose after the state Supreme Court struck down the state’s 2022 congressional map as an illegal partisan gerrymander, replacing it with court drawn maps that favored Democrats. Reggie Weaver, at podium, speaks outside the Legislative Building in Raleigh, North Carolina, Feb. 15, 2022, about a partisan gerrymandering ruling by the North Carolina Supreme Court. Gary D. Robertson/APAfter the state high court ruled, North Carolina Republican lawmakers appealed the decision to the US Supreme Court, arguing that the state Supreme Court had exceeded its authority. After the last election, the North Carolina Supreme Court flipped its majority to Republican. With the US Supreme Court rejecting the lawmakers’ theory that state courts could not police federal election rules, lawyers for the legislature’s opponents celebrated Tuesday’s ruling.
Persons: Donald Trump, John Roberts, ” Roberts, Roberts, , , Brett Kavanaugh, Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Barack Obama, ” Obama, Reggie Weaver, Gary D, Robertson, Tuesday’s, Neal Katyal, Today’s, court’s, Clarence Thomas, Neil Gorsuch, Samuel Alito, ” Thomas, Gorsuch, Thomas, , Jessica Ring Amunson, Sam Hirsch, Jenner, Hilary Harris Klein – Organizations: CNN, North Carolina, Independent, Chief, Federal, North Carolina Supreme, AP, North, North Carolina Republican, Supreme, North Carolina Supreme Court, Republican, US, Block, Southern Coalition for Social Justice Locations: North Carolina, Federal, Raleigh , North Carolina,
The justices, in a 5-4 decision, overturned a lower court's ruling involving a user who sued after a scammer stole money from his account. The lower court had let a proposed class action lawsuit proceed while Coinbase pressed its appeal contending that the claims belong in arbitration. The justices dismissed a second case that Coinbase had asked it to review. It makes sense that lower court litigation should be paused while an appellate court decides whether a case belongs in court at all." In both cases, federal judges had refused to force the claims into arbitration, as the company argued the user agreements required.
Persons: Coinbase, Brett Kavanaugh, Kavanaugh, irretrievably, Clarence Thomas, Ketanji Brown Jackson, Jackson, Katherine Minarik, Minarik, Abraham Bielski, duping, Andrew Chung, John Kruzel, Will Dunham Organizations: U.S, Supreme, Conservative, Liberal, Circuit, Thomson Locations: California, dogecoin, San Francisco, New York, Washington
The lower court had ruled that the law was overly broad because it may criminalize speech protected by the U.S. Constitution's First Amendment. The measure bars inducing or encouraging noncitizens "to come to, enter or reside" in the United States illegally, including for financial gain. Circuit Court of Appeals had tossed out Hansen's 2017 conviction for violating the measure. The 9th Circuit upheld Hansen's other convictions and ordered that he be resentenced. Circuit Court of Appeals also ruled against the law in a separate case.
Persons: Joe Biden's, Helaman Hansen, Amy Coney Barrett, Barrett, Ketanji Brown Jackson, Sonia Sotomayor, Hansen, " Hansen, Will Dunham Organizations: U.S, Supreme, Conservative, Liberal, Biden, Circuit, Helping America Chamber of Commerce, Thomson Locations: California, United States, Texas, Louisiana, San Francisco, United, Sacramento, Arizona, Mexico, The Denver
Justice Brett Kavanaugh authored a new opinion that ruled two states didn't have standing to sue the government. It's the second case led by a conservative justice that scrutinizes a state's standing to sue. The Supreme Court ruled 8-1 that the states lack standing to bring the suit, with Justice Sam Alito as the lone dissent. "But in our system of dual federal and state sovereignty, federal policies frequently generate indirect effects on state revenues or state spending. Kavanaugh's opinion was, of course, only responding to the Texas case and there was no reference to the pending student-debt relief cases.
Persons: Brett Kavanaugh, didn't, , Joe Biden's, Kavanaugh, Sam Alito, they'd, Brown, Biden, MOHELA, weren't, Ketanji Brown Jackson, Amy Coney Barrett, Barrett Organizations: GOP, Service, Conservative, . Texas, Department of Homeland Security, US Department of Education, . Nebraska, Republican, Indian Child Welfare Locations: States, ., Texas, Louisiana, United States
Justice Neil Gorsuch wrote an impassioned dissent comparing the plight of the Navajos to the experience of "any American who has spent time at the Department of Motor Vehicles." The high court ruled 5-4 in Arizona v. Navajo Nation on Thursday that under an 1868 treaty, the US is not required secure water for the Navajo Nation. But Gorsuch wrote in his dissent that the majority "rejects a request the Navajo Nation never made." Gorsuch wrote, however, that "the relief the Tribe seeks is far more modest." And at 26 pages, his dissent in Arizona v. Navajo Nation was twice as long as the majority opinion.
Persons: Neil Gorsuch, , Gorsuch, Brett Kavanaugh, Donald Trump, — Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson — Organizations: Navajo Nation, Department of Motor Vehicles, Service, Supreme Locations: Navajo, Arizona v, United States, Colorado
The Supreme Court, in a surprise decision, ruled that Alabama had diluted the power of Black voters by drawing a congressional voting map with a single district in which they made up a majority. Chief Justice John G. Roberts Jr. wrote the majority opinion in the 5-to-4 ruling. He was joined by Justice Brett M. Kavanaugh and the court’s three liberal members, Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson. Voting rights advocates had feared the decision would undermine the Voting Rights Act, which instead appeared to emerge unscathed. It simply holds that a faithful application of our precedents and a fair reading of the record before us do not bear them out here.”
Persons: John G, Roberts, Brett M, Kavanaugh, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Locations: Alabama
The Supreme Court ruled 5-4 Thursday that Alabama violated a ban on racial gerrymandering. The decision comes as a surprise to court watchers who expected the court to gut the Voting Rights Act. Chief Justice John Roberts, who often rules against voting rights, wrote the majority opinion. The decision comes as a surprise to many court watchers, who expected the Supreme Court to gut the Voting Rights Act entirely. Roberts, who is often viewed as the most moderate justice appointed by a Republican president, has historically chipped away at voting protections previously enshrined by the Voting Rights Act of 1965.
Persons: John Roberts, , Brett Kavanaugh, Alabama hasn't, Roberts, Kavanaugh —, Donald Trump —, Elena Kagan, Sonia Sotomayor, Ketanji Brown Jackson Organizations: Service, Alabama, Black voters, Republican Locations: Alabama
Section 1983 gives people the power to sue in federal court when state officials violate their constitutional or statutory rights. In a 2019 lawsuit, his wife, Ivanka Talevski, said Talevski was subjected to harmful psychotropic drugs and unlawfully transferred to an all-male facility. A law called the Federal Nursing Home Reform Act places limits the use of physical or chemical restraints and on transferring patients. President Joe Biden's administration had urged the justices to reject a broad limitation on lawsuits pursued under Section 1983. Reporting by Nate Raymond in Boston; Additional reporting by Andrew Chung; Editing by Will DunhamOur Standards: The Thomson Reuters Trust Principles.
Persons: Ketanji Brown Jackson, Gorgi, Clarence Thomas, Samuel Alito, Ivanka Talevski, Talevski, Joe Biden's, Nate Raymond, Andrew Chung, Will Dunham Organizations: U.S, Supreme, Indiana, Health, Hospital Corp, Ku Klux Klan, Americans, Conservative, Valparaiso Care, Rehabilitation, Health and Hospital Corp, Federal Nursing Home, Thomson Locations: Indiana, Marion County, Valparaiso, Boston
The lower court ordered Alabama to configure a second House district where Black voters could hold a majority or close to it. Conservative states and groups had previously succeeded in prodding the Supreme Court to limit the Voting Rights Act's scope. In the ruling on Thursday, two consolidated cases before the Supreme Court involved challenges brought by Black voters and advocacy groups accusing the state of violating Section 2. Alabama then appealed to the Supreme Court. In a major 2019 ruling, the Supreme Court barred federal judges from curbing the practice, known as partisan gerrymandering.
Persons: Michael A, McCoy, John Roberts, Brett Kavanaugh, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Roberts, Abha Khanna, Khanna, Joe Biden's, John Kruzel, Andrew Chung, Will Dunham Organizations: Selma Fire, REUTERS, WASHINGTON, U.S, Supreme, Black, Republican, Supreme Court, . House, Conservative, Republicans, U.S . House, Democratic, Thomson Locations: Selma, Selma , Alabama, U.S, Alabama, Black, Arizona, Constitution's, Washington
[1/2] U.S. Supreme Court Associate Justice Clarence Thomas poses during a group portrait at the Supreme Court in Washington, U.S., October 7, 2022. REUTERS/Evelyn HocksteinWASHINGTON, June 7 (Reuters) - Conservative U.S. Supreme Court Justice Clarence Thomas, under scrutiny following revelations that he did not disclose luxury trips paid for by a billionaire Dallas businessman, has received an extension to file his mandatory annual financial disclosure, the court said on Wednesday. Some congressional Democrats have proposed imposing new ethics standards on the Supreme Court following reporting on conduct by some of the justices, in particular Thomas. Supreme Court justices are not bound like other federal judges by a code of conduct that includes avoidance even of the "appearance of impropriety." The three conservative justices appointed by former President Donald Trump drew additional income as law professors.
Persons: Clarence Thomas, Evelyn Hockstein WASHINGTON, Samuel Alito, Thomas, Harlan Crow, Crow, Frederick Douglass, Neil Gorsuch, Ketanji Brown Jackson, Jackson, Oprah Winfrey, Sonia Sotomayor, Sotomayor, John Roberts, Donald Trump, Gorsuch, Brett Kavanaugh, George Mason University's Antonin Scalia, Amy Coney Barrett, Roberts, Andrew Chung, John Kruzel, Will Dunham Organizations: U.S, Supreme, REUTERS, Conservative U.S, Judicial Conference, Politico, Liberal, Vogue, Random, Charter Communications, Texas, University of Notre Dame Law School, Thomson Locations: Washington , U.S, Dallas, Crow, Colorado, New York, Washington
Glacier’s non-unionized workers were able to remove the concrete before the trucks were significantly damaged, but the company sued the Teamsters in state court anyway for damages relating to lost revenue from the wrecked concrete. The Washington State Supreme Court dismissed the suit on the grounds that the dispute was “pre-empted by the National Labor Relations Act.”The Supreme Court took Glacier’s appeal. Under Garmon, employers must first receive a favorable ruling from the National Labor Relations Board if they want to sue a union for striking in state court. Tossing Garmon would bring labor law much closer to its pre-N.L.R.A. “They are employees whose collective and peaceful decision to withhold their labor is protected by the N.L.R.A.
Persons: Roberts, Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, Amy Coney Barrett, Neil Gorsuch, Clarence Thomas, Samuel Alito, Ketanji Brown Jackson, , Organizations: Teamsters, Washington, Court, National Labor Relations, Washington State, National Labor Relations Board, “ Workers Locations: Washington, San Diego
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