Double Jeopardy: Answers to Six Questions About Donald Trump’s Second Impeachment Trial

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, addresses six key questions about Donald Trump’s second impeachment trial. Falvy provides clear and supported answers to frequently asked questions such as whether the Senate can act to remove Trump from the presidency, whether it can hold a trial after his term expires, who should preside, and whether he will lose his presidential perks.

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Thornley v. Clearview AI, Inc.

Docket: 20-3249

Opinion Date: January 14, 2021

Judge: Diane Pamela Wood

Areas of Law: Civil Procedure, Internet Law

Clearview's facial recognition tool takes advantage of public information on the Internet. Clearview uses a proprietary algorithm to “scrape” pictures from social media sites such as Facebook, Twitter, Instagram, LinkedIn, and Venmo. Clearview’s software harvests from each scraped photograph the biometric facial scan and associated metadata (time and place stamps); that information is put onto its database, which is stored on servers in New York and New Jersey. Clearview offers access to this database for users who wish to find out more about someone in a photograph. Many of its clients are law-enforcement agencies. The New York Times published an article about Clearview. This putative class action asserted violations of Illinois’s Biometric Information Privacy Act, 740 ILCS 14/15. After its removal to federal court, the district court remanded the case to state court, stating that the complaint alleged only a bare statutory violation, not the kind of concrete and particularized harm that would support Article III standing in federal court. The Seventh Circuit affirmed. In alleging a violation of a general rule that prohibits the operation of a market in biometric identifiers and information, the complaint described only a general, regulatory violation, not something that is particularized to the plaintiffs and concrete. It alleged no particularized injury resulting from the commercial transaction.

Zellweger v. Saul

Docket: 19-2472

Opinion Date: January 14, 2021

Judge: Diane S. Sykes

Areas of Law: Government & Administrative Law, Public Benefits

Zellweger applied for disability benefits in 2013, claiming a per se disabling spinal condition equivalent to Listing 1.04. His amended onset date was August 28, 2013. His last-insured status expired on September 30, 2013, so the application presented a narrow question: whether he was disabled during the one-month period from August 28 to September 30 (42 U.S.C. 416(i)(3)(B)). The primary medical basis for his application was cervical and lumbar degenerative disc disease. An ALJ denied his claim, concluding that the medical evidence did not meet the criteria for Listing 1.04 and that Zellweger could perform light work. A magistrate reversed, ruling that the ALJ’s discussion was too cursory at step three of the sequential analysis prescribed in the agency regulations: assessing whether the claimant has an impairment that meets or medically equals one of the Listings. Although the ALJ explained his reasoning more thoroughly later in his decision, the magistrate refused to consider that discussion. The Seventh Circuit reversed and remanded. The sequential process is not so rigidly compartmentalized. Nothing prohibits a reviewing court from reading an ALJ’s decision holistically. The ALJ thoroughly analyzed the medical evidence at the step in the sequential analysis that addresses the claimant’s residual functional capacity. That analysis elaborated on the more cursory discussion at step three and was easily adequate to support the ALJ’s rejection of a per se disability under Listing 1.04.

Conners v. Wilkie

Docket: 19-2426

Opinion Date: January 14, 2021

Judge: Diane S. Sykes

Areas of Law: Labor & Employment Law

In 2006 Conners began work as a licensed practical nurse (LPN) at a VA-operated facility near Chicago. Her duties included treating and observing patients, giving immunizations, managing the front desk, teaching classes, and completing paperwork. In 2011 she was hit by a car and suffered severe injuries. Her supervisor initially permitted her to retain her LPN position but radically reduced her responsibilities to only teaching and paperwork. After more than two years in that status, the VA concluded that Conners could not perform the essential duties of an LPN even with reasonable accommodations and unsuccessfully attempted to work with her on an acceptable reassignment. The VA terminated her employment. Conners sued the VA under the Rehabilitation Act for failing to accommodate her disability, retaliating against her, and subjecting her to a hostile work environment based on her disability. The district court rejected the claims on summary judgment. Only the accommodation claim was appealed. The Seventh Circuit affirmed. Conners had to prove that when she was fired she was a “qualified individual with a disability,” capable of performing the essential functions of an LPN with or without reasonable accommodation. Conners’s abilities to stand and walk were severely limited, making it impossible for her to treat and observe patients, respond to medical emergencies, give immunizations, or manage the front desk