Short Circuit
Short Circuit 304 | The Writing on the Wall
Dec 28, 2023
The podcast discusses recent victories in occupational speech cases, challenges in proving racial discrimination under Title VII, and Judge Newsom's critique of the majority opinion. It also explores the evolving burden shifting framework in discrimination cases, the limitations of the convincing mosaic theory, and a court case involving the redrawing of maps and its implications for the Voting Rights Act.
53:02
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Quick takeaways
- The Eleventh Circuit's recent opinion challenges the prevailing standard of McDonnell Douglas as the sole framework in employment discrimination cases.
- The Fifth Circuit is reviewing a challenge on the permissibility of combining different minority groups to form a majority-minority district under the Voting Rights Act.
Deep dives
The Fifth Circuit Court of Appeals reviews Voting Rights Act challenge
The Fifth Circuit Court of Appeals is reviewing a challenge to a redistricting map that eliminated a majority-minority district in Galveston County. The case raises the question of whether combining different minority groups to form a majority-minority district is permissible under the Voting Rights Act (VRA). A three-judge panel expressed doubts about the current law and suggested that the case should be reviewed on banc. The court also temporarily stayed the district court's ruling on the redistricting map. However, on banc review is not scheduled until May, potentially affecting the upcoming November 2024 election.
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