The Daily Pennsylvanian is a student-run nonprofit.

Please support us by disabling your ad blocker on our site.

court_cases01
Credit: Emily Cheng

FEDERAL CASES:

Gay marriage

The Supreme Court will decide on the legal question of whether or not it is constitutional to ban gay couples from marrying. The court has agreed to hear four cases on appeal from the Sixth Circuit: Obergefell v. Hodges (Ohio), Tanco v. Haslam (Tennessee), DeBoer v. Snyder (Michigan) and Bourke v. Beshear (Kentucky). It will discuss whether or not this should be an issue left to the states, considering the applications of federalism to marriage. If it overturns the Sixth Circuit decisions, it will likely be on the basis of the Constitution’s Equal Protection Clause.

The Affordable Care Act
While the Supreme Court already ruled in favor of the constitutionality of "Obamacare" in its landmark case National Federation of Independent Business v. Sebelius, it will likely consider the issue again this year. In Sebelius, the court’s liberal wing said the law was justified under the federal government has the power to do what is "necessary and proper" for the people. Chief Justice Roberts, who joined in the majority, said that because the penalty constituted a tax, the law was constitutional. A new challenge in King v. Burwell says that the bill does not authorize the government to subsidize healthcare sold in federal markets (only state exchanges), due to a technicality in how the bill was written.

Speech rights
Anthony “Tone Dougie” Elonis, a rapper, was convicted for making criminal threats against his wife in a rap he posted to Facebook. Elonis v. United States will determine the burden of proof necessary to prove a threat has been made. Its key question is whether or not Elonis was actually threatening his wife or if the prosecutor must only show that a reasonable observer would have concluded that he was threatening his wife. This case will test the bounds of free speech and how Facebook posts are considered as evidence in court.

Amtrak deregulation
In Department of Transportation v. Association of American Railroads, the Supreme Court will decide whether or not Congress has the right to give regulatory power to a private company. The case arose due to a 2008 law that gave Amtrak, a private company created by act of Congress, the right to participate in authoring loans for the railroad industry.

LOCAL CASES:

Gender discrimination

On April 28, former assistant history professor Dr. Kristen Stromberg Childers filed a lawsuit against the University for alleged gender discrimination. Childers, who taught at the History Department as an assistant professor from 2002-10, filed a complaint against the University demanding that she receive tenure in the History Department. Childers alleges that she did not receive tenure because she took two terms of maternity leave in the course of four years, around the time that she applied for tenure. Childers maintains that she is well-qualified for tenure due to her experience. The pretrial date is set for Jun. 25.

Police brutality

On Dec. 30, a lawsuit was filed against Penn Police Officer Julia Umbrell and the Penn Police Department for the alleged physical assault of 26-year-old Halimah Allen. Allen is asking for damages and legal costs for a July 23, 2013 incident. Allen was inebriated and arrested outside of bar in the Penn Patrol Zone under alleged trespassing and peace disturbance charges, according to the preliminary hearing. Both Allen and Umbrell claim that they struggled in self-defense due to the directed aggression of the other. Allen sustained injuries to her neck and back in addition to nerve damage and facial lacerations, the complaint said. A hearing date is set for April 29.

Police brutality part 2

Philadelphia taxi driver Saharo Sacko filed a lawsuit against the University on Feb. 7 of last year claiming that four Penn Police officers physically assaulted him after he was pulled over for reckless driving near the 4200 block of Walnut Street on Feb. 12, 2012. He is asking for more than $150,000 in damages. Sacko claims he was assaulted in his car without any warning or justification. The hearing is set for Feb. 12.

Comments powered by Disqus

Please note All comments are eligible for publication in The Daily Pennsylvanian.