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14 ¦ SEPTEMBER 7, 2020                    NEWS

¦ From CT CASE on PAGE 13                            Solicitor General Kyle Hawkins represents the state;
especially in politically charged cases? His imme- acting U.S. Solicitor General Jeffrey Wall is counsel
diate challenge: the fate once again of Obamacare. for the United States.
How far is the court’s conservative majority will-
ing to go in accommodating religious objections to Copyright
neutral laws of general application? As one scholar Google v. Oracle
recently said, “Religious conservatives are winning; In what has been called “the copyright case of
liberals and progressives are losing over the last doz- the century,” Google, which was sued by Oracle for
en or so cases at the court.”                        copyright infringement, challenges copyright pro-
Where will the textualism of Justice Neil Gorsuch, tection for a software interface, Java’s Application
who led the court in applying Title VII’s anti-dis- Programming Interface. The U.S. Court of Appeals
crimination protection to sexual orientation and for the Federal Circuit ruled that APIs are copy-
gender identity, take him next?                                       rightable and that Google’s use
Despite a 5-4 majority deci-                                          in creating a new computer pro-
sion striking down Louisiana’s                                        gram did not constitute fair use.
abortion clinic restrictions, will                                    Google’s counsel is Goldstein &
Roberts’ narrow view of the lead-                                     Russell partner Thomas Gold-
ing abortion rights precedent,          A Connecticut man’s           stein. Oracle is represented by E.
Planned Parenthood v. Casey, lead   complaint against Facebook        Joshua Rosenkranz, partner at
to additional chipping away of the  over unwanted automated           Orrick, Herrington & Sutcliffe.
abortion right?                     text messages is among the
                                                                        LGBT Discrimination
  Will Justice Ruth Bader Gins-       cases to be heard by the          Fulton v. City of Philadelphia
burg return to the bench at full      nation’s high court in its        The city of Philadelphia refused
strength following recent health
                                           upcoming term.

problems?                                                             to renew its contract with Catho-
Will the court be forced again                                        lic Social Services when the city
to use telephonic arguments this                                      learned that two CSS foster care
fall as the coronavirus pandemic                                      providers refused to license same-
continues to rage?                                                    sex couples as foster parents.
Here is a rundown of some of the major cases in CSS argues the city violated its First Amendment
the new term.                                        free exercise right, and the justices should overrule
                                                     Employment Division v. Smith. Mark Rienzi of the
                                                     Becket Fund for Religious Liberty is CSS’s counsel;
Affordable Care Act                                  Hogan Lovells partner Neal Katyal represents Phila-

California v. Texas; Texas v. California
California defends, and Texas challenges, the con- delphia.
stitutionality of the Affordable Care Act following
Congress’ action in 2017 eliminating the penalty for Tort Suit Jurisdiction
not purchasing health insurance. The U.S. Court of Ford Motor Co. v. Bandemer; Ford Motor Co. v.
Appeals for the Fifth Circuit agreed with Texas and Montana Eighth Judicial District Court
the Trump administration but remanded the case The justices will hear Ford’s challenge to Min-
on whether the now-toothless mandate could be nesota and the Montana Supreme Court decisions
severed from the act. In the Supreme Court, Texas allowing personal injury lawsuits over cars sold
and the U.S. Justice Department say the entire law outside of those states. Hogan Lovells partner
must fall. California Deputy Solicitor General Sam- Sean Marotta represents Ford in both cases. Gup-
uel Siegel is counsel for the state and general counsel ta Wessler partner Deepak Gupta is counsel to the
Douglas Letter represents the U.S. House. Texas plaintiffs in both cases.

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