Supreme Court Watch – Employment / Religion / Education

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The US Supreme Court accepted for argument next term the age discrimination case Madigan v. Levin. This case considers the question of whether a plaintiff claiming age discrimination can proceed under section 1983 as an Equal Protection violation, or is restricted to proceeding under the Age Discrimination in Employment Act (ADEA). The 7th Circuit, in conflict with four other circuits, held that the plaintiff could so proceed.

On the conference schedule for this week is Elmbrook School Dist. v. Dept. of Education. As noted when the petition was filed, this case will examine the constitutionality of public functions in religious buildings. If accepted for next term, this could have major impact in the everyday functioning of both parochial and public schools.

Also on the conference docket for this Friday is Schuette v. Coalition to Defend Affirmative Action. This case would address whether the Michigan State Constitutional amendment that prohibits both race/sex discrimination and preferences in public college admissions violates the Equal Protection Clause. This seems very likely to be accepted for next term.

Oral arguments on the two same sex marriage cases (Hollingsworth v. Perry and US v. Windsor) are set for March 26 and 27. We will be listening to the arguments and provide a brief analysis shortly thereafter.

About the Authors

Karen Kalzer

Ms. Kalzer practices employment and education law with an emphasis on defending complex litigation for communities of faith, non-profits, schools and private employers.

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