SCOTUS issues 3 decisions; opinions on Ball State case, same-sex marriage to come

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Those who hoped to learn how the Supreme Court of the United States will rule on same-sex marriage likely will need to wait until next week. The U.S. justices issued three opinions Thursday, although none were from the highly anticipated cases before them.

The court issued Descamps v. United States, 11-9540; American Express Co., et al. v. Italian Colors Restaurants, et al., 12-133; and Agency for International Development v. Alliance for Open Society International Inc., 12-10.

The issue in Descamps is whether, under the Armed Career Criminal Act, when a state crime doesn’t require an element of the federal crime of burglary, the federal court may find the existence of that element by examining the record of a state proceeding under the “modified categorical approach.” Michael Descamps was convicted of being a felon in possession of a firearm and the government sought to enhance his sentence under the ACCA, which included a prior conviction in California for burglary.

The justices held that the modified categorical approach doesn’t apply to statutes like California Penal Code Ann. Section 459 that contain a single, indivisible set of elements, and they found Descamps’ ACCA enhancement was improper. Justice Elena Kagan delivered the opinion. Justice Clarence Thomas filed an opinion concurring in the judgment, and Justice Samuel Alito dissented.

In American Express, the court held the Federal Arbitration Act does not allow courts to invalidate a contractual wavier of class arbitration on the ground that the plaintiff’s cost of individually arbitrating a federal statutory claim exceeds the potential recovery. Scalia delivered the opinion, and  Kagan, Ginsburg and Breyer dissented. Sotomayor did not participate.

American Express users filed a class action, claiming the company violated the Sherman Act, to which American Express sought to compel individual arbitration under the FAA based on the cardholder agreement. The users argued the cost of expert analysis necessary to prove the antitrust claims would exceed the maximum recovery for an individual plaintiff. The 2nd Circuit Court of Appeals held that because of the prohibitive costs respondents would face if they had to arbitrate, the class-action waiver is unenforceable.

In Agency for International Development, recipients of United States Leadership Against HIV/AID, Tuberculosis, and Malaria Act of 2003 funds who wish to remain neutral on prostitution sought a declaratory judgment that the policy requirements of the Act violate their First Amendment rights. The Act requires an organization to have a policy explicitly opposing prostitution and sex trafficking to be able to receive federal funding to provide HIV and AIDS programs oversees. The 2nd Circuit affirmed the issuance of a preliminary injunction, holding the policy requirement violated the groups’ freedom of speech.

Roberts delivered the decision. Scalia and Thomas dissented, and Kagan did not participate in the case. The majority held that the policy requirement violates the First Amendment by compelling as a condition of federal funding the affirmation of a belief that by its nature cannot be confined within the scope of the government program.

Also pending before the court is Vance v. Ball State University, et al., 11-556, which was argued in November. Ball State employee Maetta Vance filed her lawsuit claiming she was racially harassed by a co-worker and another employee who had the authority to tell her what to do and how to clock her hours. The case hinges on the definition of “supervisor.” The school claims it can’t be held liable because Vance’s harasser didn’t have the power to fire, hire, demote, promote discipline or transfer her.

The federal court and 7th Circuit Court of Appeals have ruled in favor of the university.

Still awaiting ruling are several high-profile cases, including Hollingsworth v. Perry, 12-144 and United States v. Windsor, which deal with same-sex marriage and the Defense of Marriage Act; and Fisher v. University of Texas at Austin, 11-345, which deals with affirmative action. Indiana authored one amicus brief and co-authored another before the court regarding the same-sex marriage issue.

The U.S. Supreme Court is scheduled to release opinions Monday and will likely add extra days next week to hand down decisions. Court watchers expect the same-sex marriage cases to come on the last scheduled day for the court, as has been the case with other controversial cases including last year’s decision on the Patient Protection and Affordable Care Act.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...