Update on Trump’s Coup: Do Not Think That This Is Guaranteed to End Well

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan explains why “being patient with Trump” is a recipe for disaster, why there are still reasons to be guardedly optimistic, and why this all could still end very badly. Buchanan argues that the present situation is not guaranteed end badly, but he cautions that a Trump coup is eminently possible.

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Students for Fair Admissions v. President & Fellows of Harvard College

Docket: 19-2005

Opinion Date: November 12, 2020

Judge: Sandra Lea Lynch

Areas of Law: Civil Rights, Education Law

The First Circuit held that Students for Fair Admissions, Inc. (SFFA) had associational standing to bring its claims against the President and Fellows of Harvard College and the Board of Overseers (collectively, Harvard) and that Harvard's race-conscious undergraduate admissions program does not violate Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq. In its suit, SFFA alleged that Harvard's race-conscious admissions processed violated Title VI by discriminating against Asian American applicants in favor of white applicants. SFFA sought a declaratory judgment, injunctive relief, attorneys' fees and costs. The district court denied Harvard's motion to dismiss for lack of standing and then found that Harvard had met its burden of showing its admissions process did not violate Title VI. The First Circuit affirmed, holding (1) SFFA had associational standing to bring its claims; and (2) under governing Supreme Court law, Harvard's admissions program does not violate Title VI.

Donahue v. Federal National Mortgage Ass'n

Docket: 19-1618

Opinion Date: November 12, 2020

Judge: David J. Barron

Areas of Law: Real Estate & Property Law

The First Circuit affirmed the grant of summary judgment to Ocwen Loan Servicing, LLC in Josephine Donahue's suit against Ocwen and the Government National Mortgage Association (GNMA), holding that summary judgment was properly granted on the only claim at issue here. Donahue executed a mortgage for her home that was assigned to Ocwen. Donahue later defaulted on the mortgage. Ocwen held a foreclosure auction and was the highest bidder. Donahue subsequently field suit against GNMA and Ocwen, alleging three counts. The district court granted summary judgment to Ocwen on all claims but did not address Donahue's still-pending claims against GNMA. Donahue appealed, seeking review of only the grant of summary judgment to Ocwen on Count III of her complaint. Donahue subsequently dismissed her claims against GNMA. The First Circuit affirmed, holding (1) the prudent course is to assume appellate jurisdiction, despite the parties' disagreement as to whether this Court has appellate jurisdiction, given how clear the merits are; and (2) there was no disputed fact precluding summary judgment on the only claim at issue here.