Reflections on Our First Two Female Supreme Court Justices

MARCI A. HAMILTON

In honor of the late Justice Ruth Bader Ginsburg, University of Pennsylvania professor Marci A. Hamilton and former clerk to Justice Sandra Day O’Connor, reflects on our country’s first two female Supreme Court Justices and their similarities and differences. Hamilton points out that a majority of Americans support a woman’s right to choose abortion in at least some circumstances and the right to contraception and warns the President and the Senate to think long and hard before they replace Ginsburg on the fly with a someone who is a threat to abortion and contraception.

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Chavez-Nelson v. State

Docket: A19-1229

Opinion Date: September 16, 2020

Judge: G. Barry Anderson

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the district court denying Defendant's petition for postconviction relief without holding an evidentiary hearing, holding that, even if the facts alleged in the petition were proven by a preponderance of the evidence, Defendant was conclusively entitled to no relief. Defendant was convicted of first-degree premeditated murder and sentenced to life imprisonment without the possibility of release. In his postconviction petition, Defendant alleged that both his trial counsel and his appellate counsel provided ineffective assistance. The district court summarily denied Defendant's claims of ineffective assistance, concluding that Defendant failed to allege facts that, if proven by a fair preponderance of the evidence, would entitle him to postconviction relief. The Supreme Court affirmed, holding that Defendant was conclusively entitled to no relief, and therefore, the district court did not abuse its discretion by summarily denying Defendant's claims.

Greene v. Minnesota Bureau of Mediation Services

Docket: A18-1981

Opinion Date: September 16, 2020

Judge: Hudson

Areas of Law: Labor & Employment Law

The Supreme Court affirmed in part and reversed in part the judgment of the court of appeals concluding that personal care assistants were entitled to access a list of contact information for personal care assistants who provide home-based services to participants in state programs, holding that the personal care assistants were not entitled to the list. Respondents were a group of personal care assistants who were denied access to the list to gather support for their attempt to decertify a public union as their exclusive representative. Respondents sued the pertinent government agencies under a provision of the Public Employment Labor Relations Act, Minn. Stat. 179A.54, subd. 9 (the PERLA provision). The district court ordered disclosure of the list, determining that personal care assistants are state employees for purposes of the Minnesota Government Data Practices Act, Minn. Stat. 13.01-.90, rendering their "personnel data" publicly accessible. The court of appeals held that Respondents were not entitled to the list under the PERLA provision but were entitled to the list under the Minnesota Government Data Practices Act, Minn. Stat. 13.01-.90. The Supreme Court reversed in part, holding that Respondents were not entitled to the list under either the PERLA provision or the Data Practices Act.