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The Tap: Monday, November 7, 2016
The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.
Review of the day
The excerpts below were compiled from issue #42 of The Tap, which was published on November 12, 2016. READ THE FULL VERSION HERE.
Federal
- The U.S. Supreme Court considered whether a gender-based distinction in immigration law violates the Fifth Amendment’s guarantees of equal protection in Lynch v. Morales-Santana. The U.S. government is seeking to deport Luis Ramon Morales-Santana for multiple felony convictions. Morales-Santana argued that he cannot be deported because he is a U.S. citizen through his biological father. Under the Immigration and Nationality Act of 1952, the government would recognize Morales-Santana’s citizenship status if his biological mother were a U.S. citizen. However, because his biological father was a U.S. citizen and not his mother, his claim of citizenship was denied by the Board of Immigration Appeals. Morales-Santana argued that this distinction violates his rights to equal protection under the Fifth Amendment.
Preview of the day
The excerpts below were compiled from issue #41 of The Tap, which was published on November 5, 2016. READ THE FULL VERSION HERE.
Federal
- Trump and Clinton will be making their final campaign stops.
- Hillary Clinton will hold her final campaign rally in Philadelphia, Pennsylvania. The event will feature speeches from former President Bill Clinton, Chelsea Clinton, President Barack Obama, and First Lady Michelle Obama.
- Donald Trump will hold his final campaign rallies in Florida, North Carolina, and New Hampshire.
- The U.S. Supreme Court will hear argument in two cases.
- In Ivy v. Morath, the court will examine a requirement of Texas law for obtaining a driver’s license. Texas requires everyone under 25 years old to obtain a driver’s education certificate as a prerequisite to obtaining a license. The state outsources driver’s education to private companies licensed by the Texas Education Agency. A group of hearing-impaired individuals filed a lawsuit under the Americans with Disabilities Act and the Rehabilitation Act when no private company would accommodate their disability and Texas refused to grant a waiver on the certificate requirement. The Fifth Circuit Court of Appeals dismissed the suit, holding that the driver’s ed. programs were not a service, program, or activity of the Texas Education Agency.
- In National Labor Relations Board v. SW General Inc., the court will review the authority of certain presidential appointments. An administrative law judge held that Southwest Ambulance committed unfair labor practices in violation of the National Labor Relations Act. Southwest appealed, citing that the NLRB’s then-acting general counsel was serving in that position in violation of federal law and, as such, the charges must be dismissed. The D.C. Circuit agreed, vacating the NLRB’s order. The NLRB is appealing the provision of law through which the circuit dismissed charges brought under the authority of the acting general counsel.
- Robert Hinkle, a judge on the United States District Court for the Northern District of Florida, will assume senior status on the court, creating an Article III vacancy. To fill an Article III vacancy, Judge Hinkle’s successor must be nominated by the president, and that nomination is subject to the advice and consent of the U.S. Senate. Upon Judge Hinkle’s elevation, the court will have two vacancies out of its four judicial posts.
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