Legal Analysts

Showing posts with label scotus. Show all posts
Showing posts with label scotus. Show all posts

Wednesday, February 14, 2024

SCOTUS Ruling Clarifies Whistleblower Protections

On February 8, 2024, the Supreme Court of the United States rendered its decision for Murray v. UBS Sec., LLC, No. 22-660 (U.S. Feb. 8, 2024). 

The Court held that "[a] whistleblower who invokes [Sarbanes-Oxley] must prove that his protected activity was a contributing factor in the employer’s unfavorable personnel action, but need not prove that his employer acted with 'retaliatory intent.'”

As such, whistleblowers now have a much lower burden when they are retaliated against for reporting to supervisors or the government their reasonable belief of financial crimes, like wire fraud, securities fraud, violating the SEC, or federal law. 


Friday, June 23, 2023

5th Cir Decision that Religion Lets Businesses Discriminate Against LGBTQ Employees Welcomes SCOTUS

 Attention SCOTUS, America needs you. 

On June 20, 2023, the 5th Cir undercut Title VII's promise to be free from employment discrimination in Bear Creek Bible Church v. EEOC, et at. 

The employer here, Bear Creek Bible Church, "is a nondenominational church" that "does not permit Braidwood to employ individuals who engage in behavior he considers sexually immoral or gender non-conforming, nor does he allow Braidwood to recognize homosexual marriage."

Bear Creek sued the EEOC asserting "that Title VII, as interpreted in the EEOC’s guidance and Bostock, prevents them from operating their places of employment in a way compatible with their Christian beliefs."

The 5th Cir held that "Title VII post-Bostock would substantially burden its ability to operate per its religious beliefs about homosexual and transgender conduct."

However, the 5th Cir called for SCOTUS by writing - "Although the Supreme Court may some day determine that preventing commercial businesses from discriminating on factors specific to sexual orientation or gender identity is such a compelling government interest that it overrides religious liberty in all cases, it has never so far held that."

Oh SCOTUS, what say you? 

Wednesday, November 23, 2022

Senate Finance Committee Chairman Ron Wyden Must Act under Internal Revenue Code 6103(f)(1) to Get Trump's Tax Records

SCOTUS' decision on Trump's taxes going to the Ways and Means Committee is being talked about as problematic because the Republicans will be taking control of the Committee and have no interest in the records. 

However, the law that was before SCOTUS doesn't just authorize the Chairman of Ways and Means to get the records, it also authorizes the Senate Finance Committee Chair to request and be furnished with such records. 

Specifically, Internal Revenue Code 6103(f)(1) reads:

Upon written request from the chairman of the Committee on Ways and Means of the House of Representatives, the chairman of the Committee on Finance of the Senate, or the chairman of the Joint Committee on Taxation, the Secretary shall furnish such committee with any return or return information specified in such request, except that any return or return information which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer shall be furnished to such committee only when sitting in closed executive session unless such taxpayer otherwise consents in writing to such disclosure.

So, why hasn't Democratic Senate Finance Committee Chairman Ron Wyden requested the records given that the Democrats will maintain control of the Senate? That's the question. Inaction appears to be yet another example of the Democrats being ineffective at politics given they can easily moot the issue of the Republicans killing the Trump tax record review and report in the House. One can only guess why they don't act and aggressively seize the narrative.

Wednesday, July 06, 2022

NEWS 12: Attorney Andrew Lieb on News 12 Talking About The Landmark Supreme Court Issues


Attorney Andrew Lieb joined News12 to review all the landmark Supreme Court rulings from this term and how they impact you. We answered live social media questions on topics such as Guns, Abortion, School Prayer and more. You don't want to miss this if you care about your rights.

Friday, July 01, 2022

FOX 5: Supreme Court Curbs EPA’s Climate Powers. Analysis with Attorney Andrew Lieb


Attorney Andrew Lieb analysis Supreme Court curbing EPA's climate powers on FOX 5 NY. 

Monday, June 27, 2022

NEWS 12: Supreme Court Overturns Roe v. Wade. Legal Analysis With Attorney Andrew Lieb (Part 1)

Attorney Andrew Lieb analyzes SCOTUS overturning Roe v. Wade discussing a Florida lawsuit arguing that free exercise of religion is being jeopardized. Appearance on News 12 NY on 6/24/2022

Thursday, June 23, 2022

NEWS 12 Interview: Supreme Court Strikes Down NY Gun Concealed Carry Law. Analysis with Attorney Andrew Lieb

New Yorkers are now subject to the same rules as 43 other states which are shall issue gun permit states. Moving forward, only sensitive places like the legislature, polling places, and courthouses will be 100% free of guns. This interview aired on News 12 Long island at 12:3pm on 6/23/22