Summary: This week the Court heard four cases in oral arguments, granted certiorari to two new case, issued a per curium opinion, granted, vacated and remanded an Obamacare challenge and Justices Breyer, Ginsburg and Sotomayor issued a dissenting statement regarding the Court's refusal to hear an insanity defense case. The grants of certiorari released today will be covered on next week's show. On this week's show we report on the following cases: Vance v. Ball State University Under Supreme Court precedent an employer is vicariously liable for severe or pervasive workplace harassment by a supervisor of the victim. If the harasser was the victim’s co-employee, however, the employer is not liable absent proof of negligence. This case asks whether a co-employee constitutes a "supervisor" if they are vested with the authority to direct and oversee their victim’s daily work but do not have the authority to hire, fire, demote, promote, transfer, or discipline their victim. Delling v. Idaho May states do away with insanity defenses in criminal trials without violating the Due Process Clause? Idaho does not permit a defendant to benefit from an insanity defense where he knew what he was doing, but had no capacity to understand that it was wrong. Liberty University v. Geithner Does Obamacare run afoul of the Free Exercise of Religion Clause in the Constitution by forcing religious institutions to participate in the healthcare insurance system even though some of its plan members might use funds to procure birth control, abortions, or other care that would violate the religious beliefs of the institution? Case documents are HERE
