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Supreme Court issues rulings on the Deferred Action for Childhood Arrivals program and discrimination because of sexual orientation, gender identity

• The Supreme Court of the United States (SCOTUS) issued decisions in three cases this week. The court has issued decisions in 45 cases so far this term.
   
• The case: In Bostock v. Clayton County, Georgia (consolidated with Altitude Express Inc. v. Zarda and R.G. & G.R. Harris Funeral Homes v. EEOC), Gerald Bostock was an employee of Clayton County, Georgia. After his employment was terminated, Bostock sued the county for discrimination because of sexual orientation. Bostock argued his termination violated Title VII of the Civil Rights Act of 1964. Title VII outlawed discrimination on the basis of race, color, religion, sex, or national origin. The federal district court dismissed the case and, on appeal, the 11th Circuit affirmed the district court's ruling.
   
  • The issue: The three cases questioned whether sexual orientation and gender identity were included in Title VII’s prohibition of discrimination "because of … sex."
     
  • The outcome: SCOTUS reversed the 11th Circuit's decision in a 6-3 opinion, holding that sexual orientation and gender identity were forms of sex discrimination under Title VII. 

• The case: In United States Forest Service v. Cowpasture River Preservation Association (consolidated with Atlantic Coast Pipeline LLC v. Cowpasture River Preservation Association), the U.S. Forest Service issued a special use permit to Atlantic Coast Pipeline LLC, allowing the company to construct a natural gas pipeline that would cross under the Appalachian Trail. Cowpasture River Preservation Association challenged the permit. The 4th Circuit vacated the permit, ruling the Forest Service didn't have the legal authority to grant right-of-way on the Appalachian Trail land. The Forest Service and Atlantic Coast Pipeline petitioned to the Supreme Court, arguing the 4th Circuit was wrong to vacate the record of decision and the special use permit.
   
  • The issue: The case concerned whether the U.S. Forest Service had the authority to grant rights-of-way through lands traversed by the Appalachian Trail within national forests.
     
  • The outcome: In a 7-2 opinion, the court reversed the 4th Circuit’s judgment, holding the Forest Service does have authority to grant rights-of-way. 

• The case: In Department of Homeland Security v. Regents of the University of California, the U.S. Department of Homeland Security (DHS) decided to end the Deferred Action for Childhood Arrivals (DACA) program. The Regents of the University of California sued DHS, alleging the decision violated the Administrative Procedure Act (APA) and denied the respondents' right to equal protection and due process. The district court issued a preliminary injunction barring the government from rescinding DACA. In its appeal, the government defended its decision to end DACA as a lawful wind-down of a discretionary policy based on the dubious legal status of the program.
   
  • The issue: The case concerned whether DHS lawfully ended the DACA program. 
     
  • The outcome: The court ruled against DHS in a 5-4 opinion, holding (1) that the agency's decision to end DACA was reviewable under the APA and (2) that its decision was arbitrary and capricious. The court found the decision unlawful because DHS "failed to supply the requisite 'reasoned analysis'" at the time the agency chose to end the DACA program and failed to consider how to accommodate those who relied on the program.

Voters to decide primaries for 42 congressional seats in three states 

• Three states are holding primaries on June 23, 2020. Forty-two congressional seats will be on the ballot, including two U.S. Senate seats and 40 U.S. House seats. 
  • The following seats will be on the ballot in Kentucky:
    • 1 U.S. Senate seat
    • 6 U.S. House seats 
  • The following seats will be on the ballot in New York:
    • 27 U.S. House seats
  • The following seats will be on the ballot in Virginia:
    • 1 U.S. Senate seat
    • 7 U.S. House seats
       
• Four of Virginia’s 11 U.S. House seats—in Districts 7, 8, 9, and 10—will not be decided in primaries June 23 because they are either holding conventions instead of primaries or their primaries were canceled due to lack of opposition.
   
• The statewide primary runoff for North Carolina will take place after being postponed from its original scheduled date of May 12 due to the coronavirus pandemic. The primary was held March 3, 2020, and candidates needed more than 30% of the vote to advance to the general election. Candidates are running in a Republican primary runoff for North Carolina’s 11th Congressional District, which was the only North Carolina congressional seat to advance to a primary runoff.
   
• South Carolina also scheduled its primary runoff election for June 23, but no congressional races advanced to a primary runoff in that state.
   
• Ballotpedia has identified 14 congressional battleground primaries taking place June 23: one for the U.S. Senate and 13 for the U.S. House. Those primaries include:
  • Democratic U.S. Senate primary in Kentucky: Ten candidates are running for the Democratic nomination for the seat currently held by Mitch McConnell (R). Media attention has focused on Amy McGrath, Charles Booker, and Mike Broihier. McGrath, who has raised more than any other candidate for U.S. Senate nationwide, is backed by the Democratic Senatorial Campaign Committee. Booker’s endorsers include Bernie Sanders (I-Vt.) and Alexandria Ocasio-Cortez (D-N.Y.), while Broihier’s include former Democratic presidential candidates Andrew Yang and Marianne Williamson.
     
  • Democratic primary in New York’s 16th Congressional District: Rep. Eliot Engel (D-N.Y.), who was first elected in 1988, faces three primary challengers. Jamaal Bowman leads the challengers in fundraising and endorsements, with backing from Bernie Sanders (I-Vt.), Elizabeth Warren (D-Mass.), and The New York Times. Engel’s endorsers include Nancy Pelosi (D-Calif.), Hillary Clinton (D), and the Congressional Black Caucus. A fifth candidate, Andom Ghebregionis, unofficially withdrew and endorsed Bowman but will still appear on the ballot.
     
  • Republican primary runoff in North Carolina’s 11th Congressional District: Lynda Bennett (R) and Madison Cawthorn (R) are competing for the Republican nomination to succeed former Rep. Mark Meadows (R). The two were the top finishers in the March 3 primary but each fell short of the 50% of the vote required to win outright. Bennett received 22.7% of the Republican primary vote, and Cawthorn received 20.4%. Bennett’s backers include President Trump, Meadows, and Rep. Jim Jordan, while Cawthorn’s include four of the 10 candidates who did not advance from the primary.

President Trump issues executive order on policing, sets funding criteria for local and state law enforcement departments 

• President Donald Trump (R) issued an executive order titled Executive Order on Safe Policing for Safe Communities which addressed changes to policing.
   
• The order directed the U.S. Department of Justice to create an independent credentialing body that would develop a set of criteria for state and local law enforcement agencies to meet in order to be awarded federal grants. The order stated that the criteria should address excessive use of force, including de-escalation training, and ban the use of chokeholds, except when the use of deadly force is lawful.
   
• Law enforcement departments would also be required to use a national registry to track police officers who abuse their power and engage in multiple instances of excessive use of force.
   
• The order also directed federal funding to provide officers with co-responders or social workers to help them address those dealing with homelessness, mental illness, and addiction problems.
   
• During a Rose Garden ceremony where Trump signed the order, he said that he was "committed to working with Congress on additional measures."

U.S. Senate confirms Walker to U.S. Court of Appeals for the D.C. Circuit

• The U.S. Senate voted 51-42 to confirm Justin Walker to the U.S. Court of Appeals for the D.C. Circuit. Sen. Susan Collins (R-ME) was the only Republican senator to vote against the confirmation. President Trump nominated Walker to the court on May 4, 2020, to succeed Judge Thomas Griffith. Griffith will retire from the court on September 1, 2020.
   
• The U.S. Court of Appeals for the D.C. Circuit, which hears appeals from the U.S. District Court for the District of Columbia, will have seven Democratic appointees and four Republican appointees with no vacancies once Walker joins the court.
   
• Walker is currently a judge on the U.S. District Court for the Western District of Kentucky. President Donald Trump (R) nominated Walker to a seat on this court on June 24, 2019. The U.S. Senate confirmed Walker on October 24, 2019, by a 50-41 vote.

 U.S. extends travel restrictions with Canada and Mexico through July 21

• Acting Homeland Security Secretary Chad Wolf announced the U.S. would extend travel restrictions in place at the Canadian and Mexican borders through July 21.
   
• The restrictions, initially put into place in late March in coordination with both countries, close the borders to nonessential travel. Essential travel, including for trade and commerce, is still allowed, but traveling for tourism or recreation is prohibited. The restrictions were extended on April 20 and May 19.

U.S. Rep. Rice tests positive for coronavirus

• U.S. Rep. Tom Rice (R-S.C.) announced that he had tested positive for coronavirus, along with his wife and son. Rice was first elected in 2012. Ballotpedia has identified seven members of Congress who have tested positive for the disease.

Candidate filing period for congressional races to end in Rhode Island

• The statewide filing deadline to run for elected office in Rhode Island is on June 24, 2020. Prospective candidates may file for one seat in the U.S. Senate and 2 seats in the U.S. House.
   
• The primary is scheduled for September 8, and the general election is scheduled for November 3, 2020.
   
• The final two statewide filing deadlines of 2020 are in Delaware and Louisiana on July 14 and July 17, respectively.

President Trump announces nominee to the Southern District of Mississippi

• President Trump announced his intent to nominate Taylor B. McNeel to the United States District Court for the Southern District of Mississippi. McNeel was nominated to replace Judge Keith Starrett, who assumed senior status on April 30, 2019. The nomination received support from Mississippi Senators Roger Wicker and Cindy Hyde-Smith, both Republicans.
   
• McNeel is a member of Brunini, Grantham, Grower & Hewes, PLLC, in Biloxi, where he is a partner in charge of the Mississippi Gulf Coast office. He earned his B.B.A., cum laude, from the University of Mississippi in 2005, and his J.D., cum laude, from the University of Mississippi School of Law in 2008. During his legal studies, he served on the Mississippi Law Journal.
   
• The United States District Court for the Southern District of Mississippi is one of 94 U.S. District Courts. They are the general trial courts of the United States federal court system.
   
• Since taking office, the president has nominated 262 individuals to federal judgeships.

Is Congress in session?

• Both chambers of Congress are in session next week. Click here to see the full calendar for the second session of the 116th Congress.

Where was the president last week?

• On Monday, Trump had lunch with Vice President Mike Pence and participated in a roundtable on America’s seniors in recognition of World Elder Abuse Awareness Day.
• On Tuesday, Trump signed an executive order on policing.
• On Wednesday, Trump announced the PREVENTS Task Force Roadmap to prevent suicide among US veterans.
• On Thursday, Trump participated in a roundtable with Nebraska Governor Pete Ricketts and Oklahoma Governor Kevin Stitt on reopening small businesses.
• On Friday, Trump received his intelligence briefing.

What's the latest with the federal judiciary?

• 79 federal judicial vacancies
• 47 pending nominations
• 6 future federal judicial vacancies

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