Saturday, January 07, 2017


Here's some of the most interesting Supreme Court cases to be decided  in 2017 by the U.S. Supreme Court.  Here's 2 of the most interesting ones.

1.  Transgender bathroom fight at public school
Gloucester County School Board v. G.G.  (to be scheduled)
The Court for the first time takes on the question of transgender rights in the case of Gloucester County School Board v. G.G.
The Justices will consider the appeal of a county school board in Virginia, challenging a federal appeals court ruling that gave a 17-year-old transgender boy a right to use the school restroom that conforms to his gender identity.
Specifically, the order grants review of two questions. One of those is the legality of the federal government’s view that the federal law banning sex bias in federally funded education programs also forbids discrimination based on gender identity. If the final decision does settle that issue, it could be the court’s first major ruling on the transgender rights controversy – the latest dispute over civil rights.
But the second question to be reviewed, if the decision goes against the government position, could make it unlikely the question about transgender rights will be decided. That other question tests whether the government announced its policy on transgender rights in the procedurally proper way. A ruling against the policy declaration would send this case back to the federal appeals court, which had relied on the declaration in ruling in favor of the transgender boy’s rights.

2.  Cross-border killing
Hernández v. Mesa (scheduled for February 21)
The United States Supreme Court said in October it would accept an appeal from the family of a boy from Mexico who was fatally shot by a U.S. Border Patrol officer. Sergio Adrian Hernandez Guereca, 15, died in 2010 as he stood on Mexican soil by a border officer who fired his gun while on United States soil in Texas. The agent claimed Hernandez and others were throwing rocks at him.
Hernandez’s family sued the agent for damages, but in 2015 the Fifth Circuit appeals court said the family had no standing to sue because the teen was a Mexican citizen and not protected by the Fifth Amendment under its Due Process clause or by the Fourth Amendment.  The full appeals court had unanimously ruled in favor of the agent.
The Supreme Court took the appeal and also added a question about determining if the parents had a constitutional right to sue a Border Patrol officer.

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