Government Power to Protect Rights

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  • This brief focuses on two forms of housing discrimination: race discrimination in subprime mortgage lending and sex discrimination against victims of domestic and sexual violence.
  • Determined the constitutionality of enforcing the Family and Medical Leave Act (FMLA) to the states under Section 5 of the Fourteenth Amendment.
  • The First Circuit held that Backpage was protected from liability for aiding the Petitioners’ sexual exploitation as minors, even though the Petitioners persuasively alleged that Backpage took an active role in shaping the content of the ads and deliberately tailored its website to “make sex trafficking easier.” 
  • Determined whether a person who is retaliated against for complaining of sex discrimination in federally-funded education programs may bring a lawsuit for damages under Title IX.
  • When denying veterans' benefits to a service member with a same-sex spouse, should such classifications should be treated with heightened scrutiny.
  • Determined whether Section 5 of the Fourteenth Amendment allows states to be sued for violating the ADA and allows Congress to enforce the ADA against states.
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