Latest 2 Cases This Week: Hackett v. City of South Bend (7th Cir.), In re: Mustafa Al Hawsawi (D.C. Cir.)

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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Hackett v. City of South Bend

Court: US Court of Appeals for the Seventh Circuit

Docket: 19-2574

Opinion Date: April 16, 2020

Judge: HAMILTON

Areas of Law: Labor & Employment Law, Military Law

Hackett, a South Bend patrolman and an Air National Guard reservist, applied to become a bomb squad technician. Membership on the squad did not constitute a promotion or immediately affect an officer’s pay but could lead to additional work and specialty pay. Hackett was not among the three officers selected. He testified that the director of human resources said that he was the most qualified candidate but was not selected because of his pending seven-month deployment. Hackett filed complaints with the EEOC and the U.S. Department of Labor. The city then offered Hackett a bomb squad position. Other squad members were informed that one would have to give up his position for Hackett. Hackett claims he was never allowed to complete the training. Around the same time, Hackett applied for a promotion. Hackett was deployed when applicants were scheduled to interview. The department moved Hackett’s interview but Hackett was unable to timely submit his work sample. Hackett sued under the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4301. The Seventh Circuit affirmed summary judgment in favor of the city, rejecting a new hostile work environment claim as forfeited. Hackett failed to challenge findings that his exclusion from the bomb squad did not constitute a materially adverse employment action and that no reasonable jury could find that the promotion process was tainted by any impermissible motive.

In re: Mustafa Al Hawsawi

Court: US Court of Appeals for the District of Columbia Circuit

Docket: 19-1100

Opinion Date: April 10, 2020

Judge: Henderson

Areas of Law: Criminal Law, Military Law

The DC Circuit denied petitions for writs of mandamus seeking vacatur of all orders issued by the former presiding military judge because of the appearance of partiality. Petitioners are being tried before a military tribunal for their alleged roles in the September 11th terrorist attacks. The court held that it was neither clear nor indisputable that the military judge should have recused himself. The court explained that the military judge's career and relationships do not constitute reasonable bases for the extraordinary remedy of mandamus.