WBA Amicus Brief Sign-ons

Balow, et al. v. Michigan State University, et al. (U.S. Court of Appeals for the Sixth Circuit)

The WBA signed on to Simpson Thacher’s brief in a case that deals with Title IX’s equal opportunities requirement that can be satisfied by offering athletic participation opportunities to men and women “in numbers substantially proportionate to their respective enrollments.” The brief highlights, with statistics, the ongoing disproportionality in athletic opportunities between men and women in sports despite the enactment of Title IX. It notes that participation in sports provides a number of benefits for women and girls, including higher levels of graduation, grades, scores on standardized tests, employment along with better self-esteem and physical health.

Hamilton, et al. v. Dallas County (U.S. Court of Appeals for the Fifth Circuit)

The WBA signed on to a brief prepared by Katz, Marshall & Banks LLP, with the National Women’s Law Center and the ACLU as co-signatories. The Plaintiffs in this case are women who work as Detention Service Officers at the Dallas County Jail and have filed suit because the County has implemented a policy that allows male detention officers to take weekends off, but denies female officers this same—almost universal—employment term and privilege, limiting them to only weekdays or partial weekends off. Plaintiffs challenged what the County has admitted is a “gender-based” policy in district court, arguing it is a clear cut violation of Title VII and the Texas Employment Discrimination Act.

 B.R. v. F.C.S.B (U.S. Court of Appeals for the Fourth Circuit)

The WBA signed on to the National Women’s Law Center brief in support of a student survivor against her school. “B.R.” was 12 years old when she was repeatedly sexually harassed, including raped, tortured, and threatened with death by her classmates. Although she repeatedly requested protection, school officials ignored her and blamed her for her own mistreatment. When B.R. was 20, she filed a lawsuit against her school and former classmates alleging Title IX and other violations under the pseudonym “Jane Doe”.  The district court ruled in favor of B.R. and denied defendants’ motion to dismiss, holding that (i) B.R.’s failure to obtain permission from the court before filing under a pseudonym was not a jurisdictional defect and (ii) her amended complaint related back to the date of her original complaint for purposes of statute of limitations. Defendants appealed on both of these issues and have also asserted that B.R. is subject to Virginia’s general statute of limitations for personal injury (2 years) rather than its specific statute of limitations for child sexual abuse (20 years).

Castañon v. United States (U.S. Supreme Court)

The WBA signed on to  a brief prepared by Hunton Andrews Kurth in support of the Plaintiffs, who seek to secure the right to full voting representation in Congress for American citizens living in the District of Columbia. The brief alleges that the continued denial of voting representation to District of Columbia residents violates: (i) the Equal Protection Clause, (ii) Due Process, as articulated by the Supreme Court in Obergefell v. Hodges, 135 S. Ct. 2584 (2015), and (iii) the First Amendment right of association, as articulated by the Supreme Court in Gill v. Whitford, 138 S. Ct. 1916 (2018). Plaintiffs in this case sought declaratory and any necessary injunctive relief to secure the right to full Congressional voting representation for District of Columbia residents.

Chase v. Nodine’s Smokehouse, Inc.  (U.S. Court of Appeals for the Second Circuit)

The WBA signed on to the National Women’s Law Center brief in support of the Plaintiff-Appellee. This is an important case to assert the rights of survivors of sexual assault, particularly those who are low-wage workers, to fair, impartial treatment both in the workplace and when reporting sexual assault to the police.

 

Cochran v. Gresham et al., Cochran v. Philbrick et al., and Arkansas v. Gresham et al. (U.S. Supreme Court)

The WBA signed on to the National Women’s Law Center brief in support of Plaintiffs-Respondents. These cases involve challenges to HHS’ approval of Medicaid demonstration projects in Arkansas and New Hampshire that impose work requirements as a condition for receiving Medicaid benefits, among other coverage changes. The circuit and district courts below held that HHS’ approval of the demonstration projects was arbitrary and capricious in violation of the Administrative Procedure Act because the agency failed to consider that the projects will result in a loss of health coverage, which is directly at odds with the principal purpose of the Medicaid Act.

 

Tucker v. Faith Bible Chapel International (10th Cir.)

The WBA signed on to the National Women’s Law Center brief in support of Plaintiff-Appellee. This case concerns the ministerial exception against civil rights claims.

 

Hecox v. Little (D. Idaho)

The WBA signed on to the National Women’s Law Center brief in support of the plaintiff. This case takes on Title IX arguments concerning an Idaho law (H.B. 500) that bars all women and girls who are transgender, and some intersex women and girls, from participating on girls and women’s school sports teams.

 

Kadel, et al. v. North Carolina State Health Plan, et al. (4th Cir.)

The WBA signed on to the brief on behalf of Harvard Law School’s Center for Health Law & Policy Innovation and the Quinnipiac University School of Law Legal Clinic in support of Plaintiffs-Appellees. This case concerns North Carolina’s exclusion of transition-related care in its state employee health plan. Plaintiffs include several current and former state employees and their children who were denied coverage under the plan for medically necessary health care because they are transgender.

Sagaille v. Carrega, et al. (N.Y. 1st Dep’t)

The WBA signed on to the National Women’s Law Center brief in support of Defendant-Appellant. The brief focuses on the pervasiveness of sexual assault and harassment and the problems survivors face when reporting incidents using powerful statistics. The brief also notes that sexual assault by government officials is a common problem. It also stresses that New York State and City have taken actions to address underreporting and argues that this Court’s ruling should align with those protections.

Fulton, et al. v. City of Philadelphia, et al. (U.S.)

The WBA signed on to the National Women’s Law Center brief in support of Respondents. The brief focuses on: “(1) how reversing Smith would unleash further sex discrimination, and (2) the fact that prohibiting sex discrimination, including discrimination based on sexual orientation, is a compelling state interest and thus survives strict scrutiny.” It notes why religiously-based exceptions to neutral and generally applicable laws would result in further discrimination against women.

 

Pambakian v. Blatt, et al. (9th Cir.)

The WBA signed on to the  National Women’s Law Center and the American Association for Justice’s brief in support of Plaintiff-Appellant, requesting  the Ninth Circuit to reverse the district court’s decision to compel Plaintiff to arbitrate her claims.

Peltier, et al v. Charter Day School, Inc., et al. (4th Cir.)

The WBA signed on to the National Women’s Law Center’s brief in support of Plaintiffs Appellees, requesting the Fourth Circuit to reverse the district court’s grant of summary judgment dismissing Appellees’ Title IX claim. Appellees are three female students at a public charter school in Brunswick County, North Carolina, who are challenging the school’s dress code requiring girls to wear skirts to school and prohibiting them from wearing pants or shorts (“Forced Skirts” requirement or policy). Appellants include the school, Board of Trustees, and other affiliates. The students complain that the requirement inhibits them from playing freely, feeling comfortable, and subjects them to different standards than the male students at this school.

Francis v. Kings Park Manor (Second Circuit)

The WBA signed on to the brief prepared by National Women’s Law Center, the American Civil Liberties Union, and the New York Civil Liberties Union in support of Plaintiff-Appellant. Although this case deals with harassment based on race, the amicus brief argues that the holding in this case will necessarily affect the rights of women because courts will interpret any standard established under the FHA to apply to all types of harassment or discrimination under the FHA. Therefore, if the court does not reverse the dismissal of plaintiff’s claims based on racial discrimination and harassment, a court might similarly dismiss a woman’s claims based on sexual discrimination and harassment.

California v. Texas (Second Circuit)

This case is a challenge to the Affordable Care Act (ACA) by a number of states who sued the federal government in 2018, arguing that when Congress reduced the tax associated with the ACA’s individual mandate to zero in the Tax Cuts and Jobs Act of 2017 (TCJA), Congress implicitly revoked the ACA in its entirety. Because the federal government has refused to defend the ACA, a number of states have been permitted to intervene in the case to defend the ACA. This brief, filed by the National Women’s Law Center, National Partnership for Women & Families, Black Women’s Health Imperative, and American Medical Women’s Association, addressed the constitutionality of the ACA. The issue of access to healthcare is directly related to WBA’s overall mission of supporting the right of all women to be free from discrimination on the basis of gender or sex.

Contraceptive Mandate Injunction Case (Third Circuit)

The WBA signed on to the brief prepared by the American Association of University Women and Service Employees International Union. The issue is the administration’s exemptions rules for contraceptive coverage, which were enjoined by the Third Circuit in 2019. The injunction was appealed to the Supreme Court.

Richard W. Deotte, et al. v. Alex M. Aazar, II, et al and State of Nevada​ (5th Circuit Court of Appeals)

June Medical v. Russo (U.S. Supreme Court, arguing that Louisiana’s Unsafe Abortion Protection Act, requiring doctors who perform abortions to have admitting privileges at a nearby hospital, is unconstitutional.)
In June 2020, the Supreme Court of the United States reaffirmed abortion rights in June Medical Services LLC v. Russo, striking down Louisiana state law that imposed unconstitutional requirements limiting abortion access. This was an important decision, and the right outcome. The WBA supports efforts to enhance women’s health and safety, including access to abortion care.  Read our Issue Statement on Reproductive Rights here.

La Clínica de la Raza v. Trump, (Northern District of California)

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that the administration of justice includes ensuring the right to be free from discrimination based on gender or sex and the full enforcement of laws prohibiting discrimination.

Kesterson v. Kent State University

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that protecting women’s rights under Title IX to be free from discrimination by educational institutions is consistent with the WBA’s mission.

Pennsylvania v. President of the United States (Eastern District of Pennsylvania)

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that when women have the means to plan whether and how to have a family, they can better invest in their own careers and their country.

Castañon v. United States

Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes the District of Columbia should have democratic representation within our country’s most fundamental government institutions, and supports the effort to ensure that D.C. residents are allowed to elect voting representatives to Congress.

Richard W. Deotte et al. v. Alex M. Azar II et al. (U.S. District Court, Northern District of Texas)

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that when women have the means to plan whether and how to have a family, they can better invest in their own careers and their country.

California v. Department of Health and Human Services, et al (U.S. District Court, Northern District of California)

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that when women have the means to plan whether and how to have a family, they can better invest in their own careers and their country.

Jane Doe v. University of Kentucky​

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that protecting women’s rights under Title IX to be free from discrimination by educational institutions is consistent with the WBA’s mission.

California v. Department of Health and Human Services, et al (9th Circuit Court of Appeals)

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that when women have the means to plan whether and how to have a family, they can better invest in their own careers and their country.

Pennsylvania v. President of the United States (3rd Circuit Court of Appeals)

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that when women have the means to plan whether and how to have a family, they can better invest in their own careers and their country.

Adams v. St John’s County School Board​

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that discrimination against transgender people constitutes unconstitutional discrimination on the basis of sex, and further, that reinforcing the notion that there are “biological differences” between men and women leads to disparate treatment based on outdated stereotypes of women.

Jane Doe 2 v. Trump

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that discrimination against transgender people constitutes unconstitutional discrimination on the basis of sex, and further, that reinforcing the notion that there are “biological differences” between men and women leads to disparate treatment based on outdated stereotypes of women.

Pennsylvania v. President of the United States (3rd Circuit)

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that when women have the means to plan whether and how to have a family, they can better invest in their own careers, their communities, and their country.

Massachusetts v. Department of Health and Human Services, et al

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that when women have the means to plan whether and how to have a family, they can better invest in their own careers, their communities, and their country.

Tudor v. Southeastern Oklahoma State University

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that the administration of justice includes women’s right to be free from discrimination based on their sex.

California v Ross, City of San Jose v Ross, La Union del Pueblo Entero v Ross

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that the administration of justice includes ensuring the accurate apportioning of political power and allocation of federal funding, so that women are able to access government services and the political process as is their right under the laws of this country.

Karnoski v. Trump

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that the administration of justice includes the right to be free from discrimination based on gender or sex.

Parker v. Reema Consulting Service, Inc.

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that the administration of justice includes women’s right to be free from discrimination based on their sex.

Jock v. Sterling Jewelers, Inc.

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that the administration of justice includes women’s right to equal pay and to be free from discrimination based on their sex. Gender discrimination in pay can affect women’s financial well-being, career and social advancement, political advancement, and equality in general.

National Institute of Family and Life Advocates v Harris

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that the administration of justice includes women’s access to healthcare services in a timely, without prejudice, well-informed and high-quality manner, regardless of whether they are seeking an abortion, family planning services, prenatal care, or counseling. Lack of access can affect women’s financial well-being, job security, educational attainment, and future opportunity.

Janus v. American Federation of State, County, and Municipal Employees, Council 31​

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that advancing the interest of women lawyers and our fellow female employees includes the support of protections in place to prevent discrimination.

Amicus Brief in Support of Motions for Preliminary Injunction in Commonwealth of Pennsylvania v. Donald Trump, Case 2:17-cv-04540-WB (EDPA)

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that the administration of justice includes women’s access to healthcare services, with a particular interest in ensuring that women receive full access to contraceptive coverage.  Lack of access can affect women’s financial well-being, job security, educational attainment, and future opportunity.

For more information please read WBA Signs on to Amicus Briefs in Mastepiece Cakeshop & Pennsylvania v. Trump in the November/December 2017 issue of Raising the Bar.

National Womens Law Center Amicus Brief for  Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that the administration of justice includes the full enforcement of laws prohibiting discrimination. The WBA has participated in cases before this Court involving the protection of women’s rights.

For more information please read WBA Signs on to Amicus Briefs in Mastepiece Cakeshop & Pennsylvania v. Trump in the November/December 2017 issue of Raising the Bar.

 B.R. v. F.C.S.B (U.S. Court of Appeals for the Fourth Circuit)

The WBA signed on to the National Women’s Law Center brief in support of a student survivor against her school. “B.R.” was 12 years old when she was repeatedly sexually harassed, including raped, tortured, and threatened with death by her classmates. Although she repeatedly requested protection, school officials ignored her and blamed her for her own mistreatment. When B.R. was 20, she filed a lawsuit against her school and former classmates alleging Title IX and other violations under the pseudonym “Jane Doe”.  The district court ruled in favor of B.R. and denied defendants’ motion to dismiss, holding that (i) B.R.’s failure to obtain permission from the court before filing under a pseudonym was not a jurisdictional defect and (ii) her amended complaint related back to the date of her original complaint for purposes of statute of limitations. Defendants appealed on both of these issues and have also asserted that B.R. is subject to Virginia’s general statute of limitations for personal injury (2 years) rather than its specific statute of limitations for child sexual abuse (20 years).

Castañon v. United States (U.S. Supreme Court)

The WBA signed on to  a brief prepared by Hunton Andrews Kurth in support of the Plaintiffs, who seek to secure the right to full voting representation in Congress for American citizens living in the District of Columbia. The brief alleges that the continued denial of voting representation to District of Columbia residents violates: (i) the Equal Protection Clause, (ii) Due Process, as articulated by the Supreme Court in Obergefell v. Hodges, 135 S. Ct. 2584 (2015), and (iii) the First Amendment right of association, as articulated by the Supreme Court in Gill v. Whitford, 138 S. Ct. 1916 (2018). Plaintiffs in this case sought declaratory and any necessary injunctive relief to secure the right to full Congressional voting representation for District of Columbia residents.

Chase v. Nodine’s Smokehouse, Inc.  (U.S. Court of Appeals for the Second Circuit)

The WBA signed on to the National Women’s Law Center brief in support of the Plaintiff-Appellee. This is an important case to assert the rights of survivors of sexual assault, particularly those who are low-wage workers, to fair, impartial treatment both in the workplace and when reporting sexual assault to the police.

 

Cochran v. Gresham et al., Cochran v. Philbrick et al., and Arkansas v. Gresham et al. (U.S. Supreme Court)

The WBA signed on to the National Women’s Law Center brief in support of Plaintiffs-Respondents. These cases involve challenges to HHS’ approval of Medicaid demonstration projects in Arkansas and New Hampshire that impose work requirements as a condition for receiving Medicaid benefits, among other coverage changes. The circuit and district courts below held that HHS’ approval of the demonstration projects was arbitrary and capricious in violation of the Administrative Procedure Act because the agency failed to consider that the projects will result in a loss of health coverage, which is directly at odds with the principal purpose of the Medicaid Act.

 

Tucker v. Faith Bible Chapel International (10th Cir.)

The WBA signed on to the National Women’s Law Center brief in support of Plaintiff-Appellee. This case concerns the ministerial exception against civil rights claims.

 

Hecox v. Little (D. Idaho)

The WBA signed on to the National Women’s Law Center brief in support of the plaintiff. This case takes on Title IX arguments concerning an Idaho law (H.B. 500) that bars all women and girls who are transgender, and some intersex women and girls, from participating on girls and women’s school sports teams.

 

Kadel, et al. v. North Carolina State Health Plan, et al. (4th Cir.)

The WBA signed on to the brief on behalf of Harvard Law School’s Center for Health Law & Policy Innovation and the Quinnipiac University School of Law Legal Clinic in support of Plaintiffs-Appellees. This case concerns North Carolina’s exclusion of transition-related care in its state employee health plan. Plaintiffs include several current and former state employees and their children who were denied coverage under the plan for medically necessary health care because they are transgender.

Sagaille v. Carrega, et al. (N.Y. 1st Dep’t)

The WBA signed on to the National Women’s Law Center brief in support of Defendant-Appellant. The brief focuses on the pervasiveness of sexual assault and harassment and the problems survivors face when reporting incidents using powerful statistics. The brief also notes that sexual assault by government officials is a common problem. It also stresses that New York State and City have taken actions to address underreporting and argues that this Court’s ruling should align with those protections.

Fulton, et al. v. City of Philadelphia, et al. (U.S.)

The WBA signed on to the National Women’s Law Center brief in support of Respondents. The brief focuses on: “(1) how reversing Smith would unleash further sex discrimination, and (2) the fact that prohibiting sex discrimination, including discrimination based on sexual orientation, is a compelling state interest and thus survives strict scrutiny.” It notes why religiously-based exceptions to neutral and generally applicable laws would result in further discrimination against women.

 

Pambakian v. Blatt, et al. (9th Cir.)

The WBA signed on to the  National Women’s Law Center and the American Association for Justice’s brief in support of Plaintiff-Appellant, requesting  the Ninth Circuit to reverse the district court’s decision to compel Plaintiff to arbitrate her claims.

Peltier, et al v. Charter Day School, Inc., et al. (4th Cir.)

The WBA signed on to the National Women’s Law Center’s brief in support of Plaintiffs Appellees, requesting the Fourth Circuit to reverse the district court’s grant of summary judgment dismissing Appellees’ Title IX claim. Appellees are three female students at a public charter school in Brunswick County, North Carolina, who are challenging the school’s dress code requiring girls to wear skirts to school and prohibiting them from wearing pants or shorts (“Forced Skirts” requirement or policy). Appellants include the school, Board of Trustees, and other affiliates. The students complain that the requirement inhibits them from playing freely, feeling comfortable, and subjects them to different standards than the male students at this school.

Francis v. Kings Park Manor (Second Circuit)

The WBA signed on to the brief prepared by National Women’s Law Center, the American Civil Liberties Union, and the New York Civil Liberties Union in support of Plaintiff-Appellant. Although this case deals with harassment based on race, the amicus brief argues that the holding in this case will necessarily affect the rights of women because courts will interpret any standard established under the FHA to apply to all types of harassment or discrimination under the FHA. Therefore, if the court does not reverse the dismissal of plaintiff’s claims based on racial discrimination and harassment, a court might similarly dismiss a woman’s claims based on sexual discrimination and harassment.

California v. Texas (Second Circuit)

This case is a challenge to the Affordable Care Act (ACA) by a number of states who sued the federal government in 2018, arguing that when Congress reduced the tax associated with the ACA’s individual mandate to zero in the Tax Cuts and Jobs Act of 2017 (TCJA), Congress implicitly revoked the ACA in its entirety. Because the federal government has refused to defend the ACA, a number of states have been permitted to intervene in the case to defend the ACA. This brief, filed by the National Women’s Law Center, National Partnership for Women & Families, Black Women’s Health Imperative, and American Medical Women’s Association, addressed the constitutionality of the ACA. The issue of access to healthcare is directly related to WBA’s overall mission of supporting the right of all women to be free from discrimination on the basis of gender or sex.

Contraceptive Mandate Injunction Case (Third Circuit)

The WBA signed on to the brief prepared by the American Association of University Women and Service Employees International Union. The issue is the administration’s exemptions rules for contraceptive coverage, which were enjoined by the Third Circuit in 2019. The injunction was appealed to the Supreme Court.

Richard W. Deotte, et al. v. Alex M. Aazar, II, et al and State of Nevada​ (5th Circuit Court of Appeals)

June Medical v. Russo (U.S. Supreme Court, arguing that Louisiana’s Unsafe Abortion Protection Act, requiring doctors who perform abortions to have admitting privileges at a nearby hospital, is unconstitutional.)
In June 2020, the Supreme Court of the United States reaffirmed abortion rights in June Medical Services LLC v. Russo, striking down Louisiana state law that imposed unconstitutional requirements limiting abortion access. This was an important decision, and the right outcome. The WBA supports efforts to enhance women’s health and safety, including access to abortion care.  Read our Issue Statement on Reproductive Rights here.

La Clínica de la Raza v. Trump, (Northern District of California)

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that the administration of justice includes ensuring the right to be free from discrimination based on gender or sex and the full enforcement of laws prohibiting discrimination.

Kesterson v. Kent State University

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that protecting women’s rights under Title IX to be free from discrimination by educational institutions is consistent with the WBA’s mission.

Pennsylvania v. President of the United States (Eastern District of Pennsylvania)

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that when women have the means to plan whether and how to have a family, they can better invest in their own careers and their country.

Castañon v. United States

Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes the District of Columbia should have democratic representation within our country’s most fundamental government institutions, and supports the effort to ensure that D.C. residents are allowed to elect voting representatives to Congress.

Richard W. Deotte et al. v. Alex M. Azar II et al. (U.S. District Court, Northern District of Texas)

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that when women have the means to plan whether and how to have a family, they can better invest in their own careers and their country.

California v. Department of Health and Human Services, et al (U.S. District Court, Northern District of California)

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that when women have the means to plan whether and how to have a family, they can better invest in their own careers and their country.

Jane Doe v. University of Kentucky​

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that protecting women’s rights under Title IX to be free from discrimination by educational institutions is consistent with the WBA’s mission.

California v. Department of Health and Human Services, et al (9th Circuit Court of Appeals)

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that when women have the means to plan whether and how to have a family, they can better invest in their own careers and their country.

Pennsylvania v. President of the United States (3rd Circuit Court of Appeals)

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that when women have the means to plan whether and how to have a family, they can better invest in their own careers and their country.

Adams v. St John’s County School Board​

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that discrimination against transgender people constitutes unconstitutional discrimination on the basis of sex, and further, that reinforcing the notion that there are “biological differences” between men and women leads to disparate treatment based on outdated stereotypes of women.

Jane Doe 2 v. Trump

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that discrimination against transgender people constitutes unconstitutional discrimination on the basis of sex, and further, that reinforcing the notion that there are “biological differences” between men and women leads to disparate treatment based on outdated stereotypes of women.

Pennsylvania v. President of the United States (3rd Circuit)

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that when women have the means to plan whether and how to have a family, they can better invest in their own careers, their communities, and their country.

Massachusetts v. Department of Health and Human Services, et al

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. The WBA believes that when women have the means to plan whether and how to have a family, they can better invest in their own careers, their communities, and their country.

Tudor v. Southeastern Oklahoma State University

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that the administration of justice includes women’s right to be free from discrimination based on their sex.

California v Ross, City of San Jose v Ross, La Union del Pueblo Entero v Ross

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that the administration of justice includes ensuring the accurate apportioning of political power and allocation of federal funding, so that women are able to access government services and the political process as is their right under the laws of this country.

Karnoski v. Trump

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that the administration of justice includes the right to be free from discrimination based on gender or sex.

Parker v. Reema Consulting Service, Inc.

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that the administration of justice includes women’s right to be free from discrimination based on their sex.

Jock v. Sterling Jewelers, Inc.

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that the administration of justice includes women’s right to equal pay and to be free from discrimination based on their sex. Gender discrimination in pay can affect women’s financial well-being, career and social advancement, political advancement, and equality in general.

National Institute of Family and Life Advocates v Harris

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that the administration of justice includes women’s access to healthcare services in a timely, without prejudice, well-informed and high-quality manner, regardless of whether they are seeking an abortion, family planning services, prenatal care, or counseling. Lack of access can affect women’s financial well-being, job security, educational attainment, and future opportunity.

Janus v. American Federation of State, County, and Municipal Employees, Council 31​

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that advancing the interest of women lawyers and our fellow female employees includes the support of protections in place to prevent discrimination.

Amicus Brief in Support of Motions for Preliminary Injunction in Commonwealth of Pennsylvania v. Donald Trump, Case 2:17-cv-04540-WB (EDPA)

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that the administration of justice includes women’s access to healthcare services, with a particular interest in ensuring that women receive full access to contraceptive coverage.  Lack of access can affect women’s financial well-being, job security, educational attainment, and future opportunity.

For more information please read WBA Signs on to Amicus Briefs in Mastepiece Cakeshop & Pennsylvania v. Trump in the November/December 2017 issue of Raising the Bar.

National Womens Law Center Amicus Brief for  Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights

WBA Statement: Founded in 1917, the Women’s Bar Association of the District of Columbia (WBA) is one of the oldest and largest voluntary bar associations in metropolitan Washington, DC. Today, as in 1917, we continue to pursue our mission of maintaining the honor and integrity of the profession; promoting the administration of justice; advancing and protecting the interests of women lawyers; promoting their mutual improvement; and encouraging a spirit of friendship among our members. We believe that the administration of justice includes the full enforcement of laws prohibiting discrimination. The WBA has participated in cases before this Court involving the protection of women’s rights.

For more information please read WBA Signs on to Amicus Briefs in Mastepiece Cakeshop & Pennsylvania v. Trump in the November/December 2017 issue of Raising the Bar.