What’s at Stake in Espinoza v. Montana Department of Revenue? What the Equal Protection Clause Means in the Context of Classifications Based on Religiosity

VIKRAM DAVID AMAR, ALAN E. BROWNSTEIN

Illinois Law dean Vikram David Amar and UC Davis emeritus professor Alan E. Brownstein comment on a case before the U.S. Supreme Court that raises the question whether a religiously neutral student-aid program in Montana that affords students the choice of attending religious schools violates the religion clauses or the Equal Protection Clause of the U.S. Constitution. Amar and Brownstein express no opinion as to whether the courts’ often-expressed concerns about striking down invidiously motivated laws can be effectively overcome, but they contend that jurists who reject invalidating invidiously motivated laws must explain why reasons sufficient in other contexts are not persuasive in this case.

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J.K.J. v. Christensen

Dockets: 18-2177, 18-1498, 18-1499, 18-2170

Opinion Date: May 15, 2020

Judge: Scudder

Areas of Law: Civil Rights, Constitutional Law

Two female Polk County Jail inmates endured repeated sexual assaults by correctional officer Christensen. The County’s written policy prohibited sexual contact between inmates and guards but failed to address the prevention and detection of such conduct. The County did not provide meaningful training on the topic. Near the beginning of the relevant period, the County learned that another guard made predatory sexual advances toward a different female inmate. The County imposed minor discipline on the guard but made no institutional response—no review of its policy, no training, and no communication with inmates on how to report such abuse. In a civil rights suit, the jury returned verdicts for the inmates. A Seventh Circuit panel overturned the verdict against Polk County, determining that the evidence failed to meet the “Monell” standard for municipal liability. On rehearing, en banc, the Seventh Circuit affirmed the verdicts against both Christensen and Polk County. While the standard for municipal liability is demanding, the evidence was sufficient to support the verdict. The evidence did not require the jury to accept as inevitable that Christensen’s conduct was unpreventable, undetectable, and incapable of giving rise to Monell liability. Nor was the jury compelled to conclude that the sexual abuse had only one cause. The law allowed the jury to consider the evidence in its entirety, use its common sense, and draw inferences to decide for itself.

Left Field Media LLC v. City of Chicago

Docket: 19-2904

Opinion Date: May 15, 2020

Judge: Frank Hoover Easterbrook

Areas of Law: Communications Law, Constitutional Law, Government & Administrative Law

In 2016, the Seventh Circuit held that Chicago is entitled to limit sales on the streets adjacent to Wrigley Field, home of the Chicago Cubs, but remanded a magazine seller’s contention that an ordinance requiring all peddlers to be licensed was invalid because of an exception for newspapers. Before the judge acted on remand, Chicago amended its ordinance to provide: It shall be unlawful for any person to engage in the business of a peddler without first having obtained a street peddler license under this chapter. Provided, however, a street peddler license is not required for selling, … only newspapers, periodicals, pamphlets, or other similar written materials on the public way. There is no distinction between newspapers and magazines. Left Field Media withdrew its request for an injunction but sought damages to compensate for injury before the amendment. The Seventh Circuit affirmed the dismissal of the suit for want of a justiciable controversy. Left Field did not show any injury. It did not assert other costs, such as overtime wages or legal fees incurred to attempt to get a license. Because Left Field has not offered details, it would not be possible to conclude that it suffered even a dollar in marginal costs.