Bringing Home the Supply Chain

SAMUEL ESTREICHER, JONATHAN F. HARRIS

NYU law professors Samuel Estreicher and Jonathan F. Harris describe how the COVID-19 pandemic is forcing the United States to confront the problem of unchecked globalization. Estreicher and Harris argue that once the pandemic subsides, U.S. policymakers should, as a matter of national security, mandate that a minimum percentage of essential supplies be manufactured domestically.

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Unconstitutional Chaos: Abortion in the Time of COVID-19

JOANNA L. GROSSMAN, MARY ZIEGLER

SMU Dedman School of Law professor Joanna L. Grossman and Florida State University law professor Mary Ziegler discuss the abortion bans implemented in several states in response to the COVID-19 pandemic. Grossman and Ziegler explain why the bans are constitutional and comment on the connection between the legal challenges to those bans and the broader fight over abortion rights.

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Morgan v. Dzurenda

Docket: 18-2888

Opinion Date: April 15, 2020

Judge: Pooler

Areas of Law: Civil Rights, Constitutional Law

Plaintiff appealed the district court's grant of summary judgment to defendants in a 42 U.S.C. 1983 action, alleging that plaintiff's Eighth Amendment rights were violated when he was violently assaulted by a fellow inmate while imprisoned, and that defendants acted with deliberate indifference to his safety. The Second Circuit held that plaintiff adduced sufficient evidence to raise a question of material fact -- as to whether a substantial risk of inmate attacks was longstanding, pervasive well-documented, or expressly noted by prison officials in the past -- against the Captain and the Warden. In this case, the Inmate Request Forms the Captain and the Warden received were detailed and explicit regarding the threat plaintiff believed another inmate posed. Furthermore, plaintiff orally conveyed his concerns regarding the threat to both the Captain and the Warden. Accordingly, the court vacated the district court's grant of summary judgment to the Captain and the Warden. The court affirmed the district court's grant of summary judgment as to all other defendants, remanding for further proceedings.

United States v. Nolan

Docket: 16-3423

Opinion Date: April 15, 2020

Judge: Rakoff

Areas of Law: Criminal Law

The Second Circuit reversed the district court's denial of defendant's 28 U.S.C. 2255 motion to vacate his conviction on the ground of ineffective assistance of counsel. The court held that defendant received ineffective assistance because his lawyers did almost nothing to challenge the eyewitness identification testimony that formed the core of the Government's case, even though the identifications bore glaring indicia of unreliability. Furthermore, defendant received ineffective assistance because his counsel did not seek to exclude or object to the admission of a highly prejudicial and dubiously relevant photo of defendant posing with what appears to be a handgun. Because defendant was prejudiced by counsel's deficient performance, the court vacated his conviction and remanded for further proceedings.

Wholean v. CSEA SEIU Local 2001

Docket: 19-1563

Opinion Date: April 15, 2020

Judge: Christina Clair Reiss

Areas of Law: Labor & Employment Law

A party who complied with directly controlling Supreme Court precedent in collecting fair-share fees cannot be held liable for monetary damages under 42 U.S.C. 1983. The Second Circuit affirmed the district court's dismissal of plaintiff's Second Amended Complaint, alleging First and Fourteenth Amendment claims brought pursuant to 42 U.S.C. 1983 to obtain repayment of fair-share union fees. The court held that, because defendants collected fair share fees in reliance on directly controlling Supreme Court precedent and then-valid state statutes, their reliance was objectively reasonable, and they are entitled to a good-faith defense as a matter of law. The court reviewed plaintiff's remaining arguments and found them to be without merit.