Dead Letter Office: What’s Left of the Impeachment Power After Trump’s Acquittal

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, discusses what happens now, after Senate Republicans voted to acquit President Trump. Falvy predicts that (1) President Trump will be emboldened to commit further abuses of power, (2) future presidents will be less constrained by fear of impeachment, and (3) impeachment may become more routine as political practice and significantly less effective as a constitutional remedy.

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Robertson v. Wisconsin Department of Health Services

Docket: 19-1179

Opinion Date: February 7, 2020

Judge: Kenneth Francis Ripple

Areas of Law: Civil Rights, Labor & Employment Law

Robertson brought claims against DHS and two DHS employees, Mattke and Evan, under Title VII of the Civil Rights Act, alleging retaliation for complaining of discrimination in the workplace. The district court dismissed the claims against Evans and Mattke because Title VII authorizes suit only against an employer as an entity, not against individuals, then granted summary judgment, holding that Robertson’s retaliation claim against DHS for failing to promote her to a director position failed because she could not prove a “but-for” causal link between her protected activity (reporting discrimination) and DHS’s decision not to promote her. With respect to her second retaliation claim, alleging that DHS continued the retaliation against her through Evans, the court held that Robertson failed to establish that she suffered an adverse action. The Seventh Circuit affirmed. With respect to her failure-to-promote claim, DHS provided a nonretaliatory reason for choosing another candidate. Robertson failed to submit evidence that DHS’s reason was pretextual. Robertson failed to “identify such weaknesses, implausibilities, inconsistencies, or contradictions” in DHS’s stated reason for hiring Evans over her “that a reasonable person could find [it] unworthy of credence.” With respect to her claim that DHS continued the retaliation through Evans, Robertson has failed to show that she suffered a materially adverse action.

Martin v. Saul

Docket: 19-1957

Opinion Date: February 7, 2020

Judge: Scudder

Areas of Law: Health Law, Public Benefits

Martin, a 67-year-old woman, sought Social Security Disability benefits. Her persistent back pain stems from two car accidents; she also suffers from depression, anxiety, bipolar disorder, panic disorder, and PTSD. These conditions caused Martin to stop working in 2009. Before then she had worked as a home health aide, data entry clerk, and administrative assistant. An ALJ determined that Martin’s severe impairments left her capable of performing only a limited range of sedentary jobs. The district court remanded for a more thorough consideration of Martin’s mental health problems. A new ALJ then found that Martin had no physical limitations whatsoever and declined to award benefits. The Seventh Circuit reversed, finding the second ALJ’s decision not supported by substantial evidence, and took “the rare step of ordering the award of benefits.” The court rejected Martin’s argument that the ALJ’s residual functional capacity determination failed to translate her mental health symptoms into limitations related to concentration, persistence, and pace but the record is clear that Martin’s physical limitations leave her unable to perform any work above the light level. Given her restricted range of motion and symptoms of pain, light exertion would likely be a challenge for Martin because it requires “a good deal of walking or standing.”