The U.S. Supreme Court ruled yesterday that federal officials can be liable for money damages in their individual capacities for violations of the Religious Freedom Restoration Act of 1993. The case involves three Muslim men who say they were placed on the no-fly list for refusing to spy on their religious communities. They claim placement on the list cost them money from wasted airline tickets and lost job opportunities. A lower court had rejected the suit arguing the Religious Freedom Restoration Act does not allow monetary relief. The court of appeals reversed the ruling, saying that “appropriate relief” can include a claim for money damages. The Supreme Court affirmed. The ABA Journal has more on the story.

The U.S. Supreme Court declined today to take up an appeal from parents in Oregon who want to prevent transgender students from using locker rooms and bathrooms of the gender with which they identify, rather than the gender assigned at birth. The case originated in Dallas, Oregon, where the school district allowed transgender students to use bathrooms and locker rooms that align with their gender identity. Opponents of the policy sued. A lower court refused to block the policy and the 9th U.S. Circuit Court of Appeals affirmed that ruling. The Supreme Court’s action allows those rulings to stand, the Associated Press reports.

The U.S. Supreme Court opened its December arguments today with two cases: Trump v. New York, which tests the administration’s attempt to exclude people living in the country without authorization from population totals used to reapportion congressional seats, and Van Buren v. United States, which considers digital conduct that can be criminalized under a federal anti-hacking law, SCOTUSBlog reports. In the census case, the court seemed reluctant to issue an immediate ruling, instead leaning toward allowing data collection while deferring questions over how that data is used, The Hill reports.

The U.S. Supreme Court said last week it will continue to hear arguments by telephone through at least January because of the pandemic, the Associated Press reports. In a statement, the court said it would “continue to closely monitor public health guidance in determining plans for the February argument session.” The justices last met in person to hear arguments in February of this year, but closed the courthouse to the public in March and postponed arguments in March and April. Arguments in May and October were held by telephone.

U.S. Supreme Court Justice Neil M. Gorsuch joined his former clerk and Vanderbilt Law professor Tim Meyer to discuss the differences between serving as a federal appellate judge and a Supreme Court justice, his judicial philosophy, the importance of an impartial justice system, and how the court decides which cases to hear. The talk was held virtually with law students and other faculty tuning in as part of the Cecil Sims Lecture Series. Gorsuch also offered insights into the extremely high volume of cases handled by the lower courts. “Only about 5% of cases go up on appeal,” he said. He also said the court is more unified than portrayed. Of the 70 cases typically heard each year, the justices reach unanimous decisions about 40% of the time, he said. 

At a hearing yesterday on the fate of the Affordable Care Act, two key U.S. Supreme Court justices seemed to indicate they are inclined to uphold the bulk of the law, Bloomberg reports. Chief Justice John Roberts and Justice Brett Kavanaugh both suggested during oral arguments that they would not strike down the entire law even if a provision requiring people to acquire insurance is invalidated. Acting U.S. Solicitor General Jeffrey Wall urged the court to declare the entire law invalid arguing that the participation mandate is “essential to the operation of other parts of the act.”

The U.S. Supreme Court heard oral arguments today in a case that could have far-reaching implications for the rights of same-sex couples and religious institutions that want to consider the beliefs of those they serve. The case stems from the city of Philadelphia’s decision to stop referring children in need of foster care to Catholic Social Services after it learned the organization refused to place kids with same-sex couples. USA Today has the story while SCOTUSBlog has the filings.

Belmont University College of Law recently revealed that nine professors completed service as part of an academic reading group for the American Bar Association’s Standing Committee on the Federal Judiciary to assess the professional competence and writing ability of now U.S. Supreme Court Justice Amy Coney Barrett. The group, chaired by law school dean Alberto R. Gonzales, was one of two to review the materials. In related news, Justice Barrett sat today for her first oral arguments, the Associated Press reports.

The U.S. Supreme Court today sided with Black Lives Matter activist DeRay McKesson in his effort to avoid a lawsuit filed by a police officer who was injured during a 2016 protest in Louisiana. The justices threw out a lower court ruling that had allowed the lawsuit to proceed, saying more analysis was needed on whether state law allows for such a claim. The officer sustained serious injuries after being struck in the face by a rock or piece of concrete during a protest triggered by police killing of a Black man. The identity of the perpetrator is not known. McKesson argued his rights to freedom of speech and assembly shielded him from the suit. The court did not consider that issue. Litigation will now continue in lower courts, Reuters reports.

Amy Coney Barrett was on Monday night confirmed to the U.S. Supreme Court in a 52-48 vote by the U.S. Senate, the Associated Press reports. Justice Clarence Thomas administered the constitutional oath to Barrett in a White House ceremony after the vote and, on Tuesday, she took the judicial oath, given to her by Justice John G. Roberts. Barrett’s confirmation vote came from a deeply divided Senate and marks the first confirmation vote in modern times to receive no support from the minority party. Tennessee Senators Lamar Alexander and Marsha Blackburn both voted in favor of the confirmation.