In Ruth We Trust: How the Pregnant Workers Fairness Act Can Promote Women’s Equal Citizenship and Justice Ginsburg’s Legacy

JOANNA L. GROSSMAN

In honor of the late Justice Ruth Bader Ginsburg, SMU Dedman School of Law professor Joanna L. Grossman explains how the Pregnant Workers Fairness Act (PWFA) can promote women’s equal citizenship and protect Justice Ginsburg’s legacy of shaping gender equality. Grossman argues that the PWFA could help break down entrenched occupational segregation in the American economy, and, in so doing, honor Justice Ginsburg’s lifelong commitment to ensuring that women can be full members of society.

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A Half Century After Its Publication, What Can “The Greening of America” Tell Us About the United States Today?

RODGER CITRON

In recognition of the 50-year anniversary of the publication of Charles Reich’s “The Greening of America,” Touro law professor Rodger D. Citron explains what Reich actually said in “The Greening,” explains why it generated such a strong response, and reflects on what the piece has to say about the fractures of our current moment. Citron cautions that the promise of a new consciousness is as alluring—and may be as illusory—as it was when Reich wrote the article and book, 50 years ago.

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In re: National Prescription Opiate Litigation

Dockets: 19-4099, 19-4097

Opinion Date: September 24, 2020

Judge: Eric L. Clay

Areas of Law: Civil Procedure, Class Action

In multi-district litigation (MDL), the district court certified an opt-out “negotiation class” under Federal Rule of Civil Procedure 23, consisting of all cities and counties (34,458 identified entities) throughout the United States for purposes of negotiating a settlement. These municipalities brought RICO and Controlled Substances Act claims, alleging that opioid manufacturers, distributors, pharmacies, and retailers acted in concert to mislead medical professionals into prescribing, and millions of Americans into taking and often becoming addicted to, opiates. Unlike a litigation class, formed to aggregate and try common issues, the negotiation class would attempt to reach a settlement while the individual MDL cases continue on litigation paths. Negotiation class members would likely not have a second opportunity to opt-out and would have to decide at the class certification stage—without knowing the settlement figure— whether they wish to bind themselves. A proposed agreement could only be accepted if a supermajority of six categories of voting class members assent to it. Several defendants objected; 556 putative class members opted-out of the negotiation class. In consolidated appeals, the Sixth Circuit reversed the class certification. Rule 23 does not identify negotiation as a separate category of certification distinct from settlement. The negotiation class device frustrates a court’s analysis of whether a class action is the superior method of adjudication and avoids some of the procedural requirements of litigation class certification without halting the underlying litigation.

United States v. Snoddy

Docket: 19-6089

Opinion Date: September 24, 2020

Judge: Karen Nelson Moore

Areas of Law: Constitutional Law, Criminal Law

Trooper Malone stopped Snoddy for speeding and learned that there were Georgia warrants out for Snoddy’s arrest, including for drug crimes. Malone and another officer arrested Snoddy on the warrants. Malone suspected that Snoddy might have drugs in the car. Immediately after making the arrest, the officers sought consent to search the car. Snoddy refused. Malone stated, “I’m gonna have to get the car towed ... and we have to do an inventory on the car.” Malone repeatedly asked Snoddy for consent, warning Snoddy that if he did not consent, the car would be inventoried. Roughly eight minutes after the arrest, Malone called the tow truck but continued to seek consent. About five minutes after calling the truck, Malone began conducting an inventory. Malone discovered and seized approximately one pound of methamphetamine, two handguns, and a set of scales. Snoddy unsuccessfully moved to suppress the drugs and guns. The Sixth Circuit affirmed the denial of the motion. Snoddy conceded that the traffic stop was lawful, that his arrest was valid, that it was within Malone’s discretion to impound the car, and that an inventory was required once Malone decided to tow the car. Snoddy did not challenge the scope of the search. The district court did not err in rejecting his argument that the decision to impound and inventory the car was a pretext for a warrantless investigative search.

United States v. Baker

Docket: 19-5636

Opinion Date: September 24, 2020

Judge: Murphy

Areas of Law: Criminal Law

Officer Render saw a new warrant to arrest Baker for receiving stolen property. A judge had issued this warrant on the ground that Baker had received a stolen Nextbook tablet. The subject who pawned the tablet revealed that the tablet was purchased in Madisonville from Baker. Render and Officer Knelson met at the listed address, which appeared to be a hybrid residence and pawnshop, with a sign flashing “open.” Through the windows, Render could see merchandise and a man. The door was locked. The man voluntarily let him in and acknowledged that he was Baker, In response to a request for identification, Baker walked through a door. According to Render, officers should maintain visual contact with arrestees to ensure they are not getting firearms, so he followed Baker. The door led to a kitchen and then another door led to another area, where Baker retrieved his wallet. Render noticed jars of marijuana and a rifle in plain view and asked Baker if he was a convicted felon. Baker confirmed he was. Render left to secure a search warrant. Knelson searched Baker incident to his arrest and found crack cocaine. With a search warrant, officers found more crack cocaine, marijuana, firearms, and methamphetamine. The Sixth Circuit affirmed the denial of Baker's motion to suppress the evidence. The officer acted reasonably in monitoring Baker’s movements. The affidavit supporting the warrant contained enough of a connection between Baker and a crime that the officers could reasonably rely on the judge’s probable-cause finding.

United States v. Cruz

Docket: 19-4160

Opinion Date: September 24, 2020

Judge: Guy

Areas of Law: Criminal Law

Cruz pleaded guilty to transporting a minor with intent to engage in sexual activity; receiving child pornography; and transporting child pornography. Cruz, then 37, had maintained a two-year online relationship with the 12-year-old victim before he picked her up in California, traveled across the country, and had sex with her on multiple occasions. The Sixth Circuit affirmed his sentence of 188 months' imprisonment. Imposing a two-level offense enhancement on Count 1 for “unduly influenc[ing] a minor to engage in prohibited sexual conduct,” USSG 2G1.3(b)(2)(B), was not an abuse of discretion. The presumption of undue influence is triggered if there is a difference of 10 years between the defendant and the victim. Here, there was a difference of 25 years. Even if that were not the case, any claimed error is harmless. The application of the enhancement did not alter Cruz’s Sentencing Guidelines range or resulting sentence because Cruz was sentenced to a term of imprisonment at the top of the Guidelines range established by Counts 2 and 3, which did not include the undue-influence enhancement.