Justia U.S. 3rd Circuit Court of Appeals Opinion Summaries

In 1944, the Lehigh County Board of Commissioners unanimously adopted a county seal and agreed to purchase a flag depicting it. Commissioner Hertzog, who designed and voted for the seal, explained two years later: “in center of Shield appears the huge cross in canary-yellow signifying Christianity and the God-fearing people which are the foundation and backbone of our County.” The cross is partially obscured by a depiction of the Lehigh Courthouse and surrounded by many other symbols representing history, patriotism, culture, and economy. The seal appears on county-owned property and on various government documents, and on the county’s website. The district court found the seal unconstitutional under the Lemon test as modified by the endorsement test, after asking whether the cross lacked a secular purpose and whether a reasonable observer would perceive it as an endorsement of religion. The Third Circuit reversed, finding that the seal does not violate the Establishment Clause of the First Amendment under the Supreme Court’s 2019 decision in American Legion v. American Humanist Association. The court reasoned that a presumption of constitutionality applies to longstanding symbols like the Lehigh County seal and that the evidence does not show “discriminatory intent” in maintaining the symbol or “deliberate disrespect” in the design itself. View "Freedom From Religion Foundation v. County of Lehigh" on Justia Law

The ALJ who ruled on Hess’s application for social security disability benefits concluded that Hess had “moderate difficulties” in “concentration, persistence or pace,” but offered a detailed explanation for why she believed those difficulties were not serious and why Hess was capable of performing simple tasks. She found that Hess was “limited to jobs requiring understanding, remembering, and carrying out only simple instructions and making only simple work-related decisions[.]” In a series of hypothetical questions meant to include Hess’s limitations, she asked a vocational expert whether there were jobs in the national economy available to someone with those limitations. The expert said there were. The ALJ decided that Hess was not disabled and rejected his claim. The district court determined that the ALJ had erred because, in her hypothetical questions to the vocational expert, she failed to include or account for her finding that Hess had “moderate” difficulties in “concentration, persistence, or pace.” The Third Circuit reversed, refusing to elevate “form over substance.” An ALJ’s statement of a limitation confining a person to “simple tasks” is permissible after a finding of “moderate” difficulties in “concentration, persistence, or pace,” if the ALJ offers a “valid explanation” for it. The explanation given by the ALJ was “valid.” View "Hess v. Commissioner of Social Security" on Justia Law

The Affordable Care Act (ACA) mandated that women’s health insurance include coverage for preventive health care. The Health Resources and Services Administration issued guidelines that indicated that preventative health care includes contraceptive care. Nonprofit religious entity employers could invoke "the Accommodation," which permits employers to send a self-certification form to their insurance issuers to exclude contraceptive coverage from the group health plan while providing payments for contraceptive services for plan participants and beneficiaries, separate from the group health plan, without the imposition of cost sharing, premium, fee, or other charge on plan participants or beneficiaries or on the eligible organization or its plan.Following Supreme Court decisions concerning ACA, the Accommodation was extended to for-profit entities that are not publicly traded, are majority-owned by a relatively small number of individuals, and that object to providing contraceptive coverage based on the owners’ religious beliefs. The district court entered a preliminary injunction, prohibiting the rule’s enforcement nationwide.The Third Circuit affirmed, reasoning that the agencies did not follow the APA and that the regulations are not authorized under the ACA or required by the Religious Freedom Restoration Act. Sates will face unredressable financial consequences from subsidizing contraceptive services, providing funds for medical care associated with unintended pregnancies, and absorbing medical expenses arising from decreased use of contraceptives for other health conditions. The current Accommodation does not substantially burden employers’ religious exercise and its extension is not necessary to protect a legally-cognizable interest. The public interest favors minimizing harm to third-parties by ensuring that women who may lose ACA-guaranteed contraceptive coverage. View "Pennsylvania v. President of the United States" on Justia Law

In 2003-2008, Komis filed more than 60 Equal Employment Opportunity (EEO) complaints while employed by OSHA. Allegedly in retaliation for those and other EEO complaints filed a decade earlier, Komis contends her employer created a hostile work environment in that her supervisors: denied her the ability to work regularly from home; shifted her job duties to include more clerical work; reassigned her; and failed to promote her to Assistant Regional Administrator, instead selecting attorney Russo, who improperly disciplined her in retaliation for making additional discrimination claims. In 2008, Komis received notice of OSHA’s decision to terminate her employment. Komis left OSHA and filed another EEO complaint, alleging constructive discharge. Komis sued under Title VII of the Civil Rights Act, 42 U.S.C. 2000e-16(a), citing retaliation and retaliatory hostile work environment. The Sixth Circuit affirmed judgments in favor of the agency. The court held that federal employees may bring retaliation claims under Title VII but declined to consider whether the same standard governs federal- and private- sector retaliation claims, and what standard applies to a federal retaliatory hostile work environment claim, given the Supreme Court’s 2006 decision, Burlington Northern & Santa Fe Railway. Komis cannot prevail under any potentially applicable standard, so any error in the jury instructions was harmless. View "Komis v. Secretary United States Department of Labor" on Justia Law

The 2011 Virgin Islands Economic Stability Act (VIESA) sought to reduce government spending by reducing payroll while continuing to provide necessary public services. VIESA offered some of the government’s most expensive employees (with at least 30 years of credited service) $10,000 to chose to retire within three months. Those declining to retire had to contribute an additional 3% of their salary to the Government Employees Retirement System starting at the end of those three months. Two members of the System with over 30 years of credited service who chose not to retire claimed that the 3% charge violated federal and territorial laws protecting workers over the age of 40 from discrimination based on their age. The Third Circuit found the provision valid because it did not target employees because of their age under the Supreme Court’s 1993 decision in Hazen Paper Co. v. Biggin; its focus on credited years of service entitles the government to the Age Discrimination in Employment Act of 1967 (ADEA)’s reasonable-factor-other-than-age defense. The Third Circuit concluded that the Virgin Islands Supreme Court would deem the provision consistent with existing territorial anti-discrimination statutes. View "Bryan v. Government of the Virgin Islands" on Justia Law

Philadelphia has received funds under the federal Edward Byrne Memorial Justice Assistance Grant Program every year since the program’s 2006 inception in 2006. The Justice Department notified the city that it was withholding its FY2017 award because the city was not in compliance with three newly implemented conditions that required greater coordination with federal officials on matters of immigration enforcement. The city filed suit and was awarded summary judgment. The Third Circuit affirmed the order to the extent that it enjoins enforcement of the challenged conditions against the city and vacated the order to the extent it imposed a requirement that the federal government obtain a judicial warrant before seeking custody of aliens in city custody.. Where, as here, the Executive Branch claims authority not granted to it in the Constitution, it “literally has no power to act … unless and until Congress confers power upon it.” Congress did not grant the Attorney General this authority and the Challenged Conditions were unlawfully imposed. The Byrne statute itself provides no such authority and the conditions are not authorized by 34 U.S.C. 10102, the provision establishing the “Duties and Functions of Assistant Attorney General.” View "City of Philadelphia v. Attorney General United States" on Justia Law

Patterson, an African-American male and a longtime Pennsylvania Liquor Control Board (PLCB) employee, arrived at an Eddystone, Pennsylvania PLCB-run store to inquire about the store’s operating condition. Patterson identified himself to the assistant manager as a PLCB maintenance worker and asked whether the store’s electricity and plumbing were in working order or if the store might otherwise need repairs. The assistant manager became “very rude.” Patterson exited the store, entered his state-owned van, reported the assistant manager to his foreman over the phone, then drove toward another PLCB store in Newtown Square. En route, Patterson was stopped by the police and questioned about “robbing” the Eddystone store. An officer informed Patterson that the Eddystone assistant manager had called to report a “black guy” in a “state van” who was trying to “rob her store.” Patterson sued the PLCB, alleging race discrimination and violations of the Fourteenth Amendment’s Equal Protection Clause, 42 U.S.C. 1983. The district court dismissed, finding that the PLCB was entitled to Eleventh Amendment sovereign immunity. The Third Circuit affirmed, employing a three-factor test to determine PLCB’s sovereign immunity status: whether the payment of the judgment would come from the state; what status the entity has under state law; and what degree of autonomy the entity has. View "Patterson v. Pennsylvania Liquor Control Board" on Justia Law

Simpson applied for a dealer’s federal firearms license (FFL) in 2010. During his interview, ATF representatives explained the legal responsibilities. Simpson signed an Acknowledgement of Federal Firearms Regulations. Simpson opened a firearms store. In 2011, Simpson attended a seminar where ATF officials discussed firearms regulations. In 2012, wanting to assemble AR-15 rifles, Simpson applied for an FFL to manufacture firearms. ATF officials met with him and discussed the relevant legal responsibilities, including the duty to mark all manufactured firearms and to keep a separate manufacturing acquisition and disposition (A&D) book. Simpson again signed an acknowledgment. Simpson applied to relocate his FFLs. An ATF Inspector met with him. Simpson again signed an acknowledgment under the Gun Control Act, 18 U.S.C. 921 (GCA). ATF conducted an inspection and decided to revoke Simpson’s FFLs. After a hearing, it was determined that Simpson had committed over 400 willful GCA violations: Selling or delivering firearms without having completed Firearm Transaction Records; transferring firearms without conducting background checks; incorrectly identifying firearms that had been transferred; failing to identify and mark firearms that he manufactured; failing to record the disposition of multiple firearms; and failing to appropriately sign and date ATF Form 4473 to indicate that he did not have reasonable cause to believe that a transferee was disqualified from receiving a firearm. The Third Circuit upheld the revocation. Simpson knew of and was plainly indifferent to his obligations by committing hundreds of GCA violations. View "Simpson v. Attorney General United States" on Justia Law

Then-New Jersey Governor Christie appointed Baroni as Deputy Executive Director of the Port Authority of New York and New Jersey. Baroni and Kelly, the Deputy Chief of Staff for New Jersey’s Office of Intergovernmental Affairs, engaged in a scheme to impose crippling gridlock on the Borough of Fort Lee after its mayor refused to endorse Christie’s 2013 reelection bid. Under the guise of conducting a “traffic study,” they conspired to limit Fort Lee motorists’ access to the George Washington Bridge (the world’s busiest bridge) over four days during the first week of the school year. Extensive media coverage of “Bridgegate” ensued. Baroni and Kelly were convicted of conspiracy to obtain by fraud, knowingly convert, or intentionally misapply property of an organization receiving federal benefits, 18 U.S.C. 371, and the substantive offense; conspiracy to commit wire fraud, section 1349, and the substantive offense; and conspiracy against civil rights, section 241, and the substantive offense. The Third Circuit affirmed the wire fraud convictions but vacated the civil rights convictions. The government presented evidence sufficient to prove defendants violated the wire fraud statute by depriving the Port Authority of, at a minimum, its money in the form of public employee labor. The court rejected an argument that Baroni possessed the unilateral authority to control Port Authority traffic patterns. There is no “clearly established” constitutional right to intrastate travel, so the defendants were entitled to qualified immunity on the civil rights claims. View "United States v. Baroni" on Justia Law

In 2008, the U.S. government strove to rescue the collapsing economy, including by enacting the Housing and Economic Recovery Act, which authorized the government to act as conservator for Fannie Mae and Freddie Mac, government-sponsored enterprises with critical roles in the home mortgage market. Under that conservatorship, Fannie and Freddie made a deal with the Department of Treasury, guaranteeing those agencies access to hundreds of billions of dollars; they had to give their net profits to the Treasury—in perpetuity. Fannie’s and Freddie’s junior shareholders had expected to share in those future profits. The agreement wiped out that expectation. The Third Circuit rejected challenges by those junior shareholders. The Recovery Act gave the government broad, discretionary power to enter into the deal and the deal complies with the requirements of the Act, as well as Delaware and Virginia corporate law. In addition, the relief sought would “restrain or affect the exercise of [the government’s] powers” as conservator, which the Recovery Act forbids, 12 U.S.C. 4617(f). View "Jacobs v. Federal Housing Finance Agency" on Justia Law