Apr 9th, 2021 5 min read
COMMENTARY BY
Legal Fellow, Meese Center
Sarah Parshall Perry is a legal fellow for the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation. U.S. Supreme Court Associate Justice Neil M. Gorsuch waits for the arrival of former U.S. President George H.W. Bush at the Capitol Rotunda on December 03, 2018 in Washington, D.C. Jabin Botsford - Pool / Getty Images
Key Takeaways
The 6th Circuit Court of Appeals refused to even consider Small’s claim. Why? Because of a single Supreme Court case: Trans World Airlines v. Hardison (1977).
Trans World Airlines v. Hardison (1977) is a case that clearly tips the scales in favor of an employer when an employee asks for a religious accommodation.
Neil Gorsuch seen here testifying March 21, 2017, at his Senate Judiciary Committee confirmation hearings to be elevated from an appeals court to the Supreme Court this week took issue with his fellow justices in Small v. Memphis Light, Gas & Water. (Photo: Drew Angerer/Getty Images)
Commentary By
Sarah Parshall Perry is a legal fellow in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation.
The U.S. Supreme Court on Monday released various opinions and orders, as it does in the flurry of activity in the spring season that precedes the court’s summer recess.
While most orders are released without commentary, among this week’s batch was a denial of a petition for writ of certiorari that included a strongly worded dissent from Justice Neil Gorsuch on why he disagreed with the court’s refusal to hear the case.
7th Circuit Says Retailers May Need to Provide USERRA Paid Leave natlawreview.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from natlawreview.com Daily Mail and Mail on Sunday newspapers.
Over a dissent from two justices Monday, the Supreme Court declined to take up the case of a utility worker who chose church over work on Good Friday and was promptly suspended.
A parishioner makes an offering after outdoor mass at St. Agnes, a Catholic church in San Diego, California, during the Covid-19 pandemic. (Courthouse News photo/Barbara Leonard)
WASHINGTON (CN) Justices Neil Gorsuch and Samuel Alito balked Monday at their colleagues’ refusal to wade into a religious-discrimination case that could fortify the right to religious exercise.
“The only mistake here is of the court’s own making and it is past time for the court to correct it,” Gorsuch wrote this morning, saying the court should have granted a writ of certiorari to Christian electrician Jason Small.
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Consumer advocates often contend that Congress should prohibit arbitration agreements with class action waivers because servicemembers and other consumers need class actions to effectuate their statutory rights. However,
The GAO report studied the impact of mandatory arbitration agreements on claims by servicemembers under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and the Servicemembers Civil Relief Act (SCRA). The USERRA generally provides protections for individuals who voluntarily or involuntarily leave civilian employment to perform service in the uniformed services. The SCRA generally provides protections for servicemembers on active duty, including reservists and members of the National Guard and Coast Guard called to active duty. In particular, the GAO report examined (1) the effect that mandatory arbitration has on servicemembers’ ability to file claims under the USE