Washington Post by Robert Barnes 8/20/2019
Differences between the Trump administration and the Obama administration are not difficult to find, but they will be front and center in the most important cases on the Supreme Court’s docket this fall.
One is obvious: President Trump wants the Supreme Court to approve his administration’s efforts, which began just after he took office, to end the Deferred Action for Childhood Arrivals (DACA) program offering deportation protection for undocumented residents brought to the United States as children.
The other issue — whether federal law forbids employment discrimination against gay and transgender workers — requires the Justice Department to repudiate its past readings of the law and those of the Equal Employment Opportunities Commission, which endorsed a lawsuit by a funeral director who was fired after announcing a transition from male to female. The EEOC and the Obama Justice Department took the position that gay and transgender workers were covered by a 1964 civil rights act, Title VII, which forbids adverse hiring and firing decisions based on sex.
Solicitor General Noel J. Francisco filed Supreme Court briefs outlining the administration’s positions on both issues in recent days. The court will consider three cases involving gay workers and the funeral director, Aimee Stephens, on Oct. 8. On Nov. 12, it will consider three cases about the administration’s DACA action.
Francisco’s most far-reaching arguments come in the Stephens case, even though it was a case he had urged the court not to take so that the issue could be heard first by additional lower courts.
More:
https://www.washingtonpost.com/politics/courts_law/differences-between-trump-obama-administrations-at-heart-of-supreme-court-cases/2019/08/20/faf4860e-c372-11e9-b72f-b31dfaa77212_story.html
