New York City Law Blog

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#Zarda is rescheduled

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  • Law posted:Appeals
  • Date:November 27, 2018

My big win at the Second Circuit, Zarda v. Altitude Express, 883 F.3d 100 (2d Cir. 2018) (en banc) has a petition for certiorari pending at the U.S. Supreme Court. This is a request for the high court to take the appeal and decide it. The Court takes only 5% of cases. Since #Zarda changed the interpretation of discrimination law to protect sexual orientation discrimination. It is possible the court could take the case. We think the interpretation is simple, but there are others – including my opponents – who do not. We were hoping for a quick denial of the petition, but there happen to be two others that touch on the same subject so the court might be tempted to take them all. However, the decision whether to take these cases is complex. There are many side issues involved, including that the corporation we sued is defunct. Anyway, we were originally scheduled to be at the Justices’ secret conference on September 24. Then the case was marked simply “rescheduled” without a date. In October, we were put on this Friday’s conference calendar. I was looking forward to a decision in a week, but we were rescheduled again yesterday, again without a date. If they take the case, it doesn’t mean the Court would reverse the win, simply that it would make a decision for the whole country. We’ve made the argument that this should wait until more than a few courts have had their say. It will be very sad if this Court takes away the right to be protected from discrimination simply because one is gay.

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