Supreme Court

The Supreme Court has the final say on interpreting the Constitution and laws that affect the legal rights of women. We’re working to confirm Justices who understand the impact of the law on the lives of women and their families and whose experiences and perspectives will add diversity to the Court.

Highlights

Fact Sheet | Supreme Court Preview: 2013-2014 Term

October 2, 2013
During the 2013-2014 Term, the Supreme Court will review several cases that concern legal rights of importance to women—including access to abortion, equal opportunity in education, protection against housing discrimination, and the ability to use the Equal Protection Clause to challenge discrimination in public employment. In addition, the Court will review an important case involving the President’s ability to fill vacancies on a body that protects workers. Finally, the Court may decide whether for-profit businesses can refuse to provide employee insurance coverage for contraceptives based on asserted religious objections. The decisions in these cases may have a significant impact on women’s rights in all of these important arenas.
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Fact Sheet | Supreme Court Review: 2012-2013 Term

July 10, 2013

The 2012-2013 Supreme Court Term witnessed a number of blockbuster cases affecting women’s rights, from affirmative action to workplace protections to voting rights to marriage equality. The results in those cases were decidedly mixed, with some historic victories, but also, unfortunately, heartbreaking setbacks. The National Women’s Law Center participated in most of these cases. This fact sheet explains key cases and the potential impacts of their decisions.

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Fact Sheet | The Supreme Court's Decision in Fisher v. UT Austin will be Particularly Important for Women of Color

October 3, 2012

In October 2012, the Supreme Court will hear arguments in Fisher v. University of Texas at Austin to decide whether UT Austin may consider race as a factor in admissions in addition to their race-neutral Top Ten Percent Plan.  This fact sheet explains how the Court's decisions will potentially impact on women of color.

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Fact Sheet | Hollingsworth v. Perry and United States v. Windsor: The Supreme Court Should Presume Laws Discriminating On the Basis of Sexual Orientation are Unconstitutional

March 25, 2013

This term, the Supreme Court will decide United States v. Windsor and Hollingsworth v. Perry. Windsor challenges Section 3 of the Defense of Marriage Act (“DOMA”), which prohibits the federal government from recognizing marriages between same-sex couples, and Hollingsworth challenges the constitutionality of California’s Proposition 8, a state constitutional amendment that revoked same-sex couples’ right to marry in that state.  This fact sheet explains why Section 3 of DOMA and Proposition 8 should be subjected to heightened scrutiny under the Constitution and struck down.

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Fact Sheet | Walmart v. Dukes: New Hurdles and a Significant Step Back for Women Employees

June 11, 2012

The Supreme Court’s decision in favor of Wal-Mart in Wal-Mart Stores, Inc. v. Dukes struck a devastating blow for employees who seek to hold their employers accountable for discrimination and other violations of workplace law. While the decision does not mean the end of the road for the women of Wal-Mart, it does undermine their ability to achieve companywide change through their lawsuit. 

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Fact Sheet | The Health Care Litigation: What Women Could Lose

March 26, 2012

In 2010, Congress passed the landmark Patient Protection and Affordable Care Act, known as the “Affordable Care Act” or “ACA.” The ACA is intended to achieve near-universal health insurance coverage, slow the growth of health care costs and insurance premiums, and end an array of insurance practices that have prevented individuals from obtaining health insurance and health care. One of the ACA’s primary goals is to improve women’s health and address the discrimination women have faced in the health insurance market—disadvantages and discrimination that often lead women to bear significant costs or go without health care altogether. The law begins to remedy the economic impact of the discrimination that women have long faced in the health insurance market.

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Fact Sheet | Supreme Court Preview: 2011-2012 Term

January 12, 2012

This fact sheet previews the important cases affecting women before the Supreme Court in the 2011-2012 term.

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Legal Briefs & Testimony | NWLC Written Statement to the Senate Judiciary Committee Hearing on Barriers to Justice and Accountability: How the Supreme Court's Recent Rulings Will Affect Corporate Behavior

June 29, 2011

On June 29, 2011, Marcia D. Greenberger, on behalf of NWLC, submitted written testimony before the Senate Judiciary Committee Hearing on Barriers to Justice and Accountability: How the Supreme Court's Recent Rulings Will Affect Corporate Behavior.

The written statement focuses on the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes and discusses the the importance of class actions in the employment discrimination context and illuminates how the decision could cause great injury for women in the workplace

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Fact Sheet | Supreme Court Preview

April 01, 2011

As the 2010-2011 Supreme Court term progresses, advocates for women’s rights are relieved that in the three employment rights decisions that the Court has released thus far, the Court interpreted the law according to its purposes and intent and did not set aside crucial protections against discrimination in order to protect corporate interests.  But, the Court recently heard arguments in Dukes v. Wal-Mart, a critical case that could determine whether individuals can join together in a class action to challenge large corporations that violate the law, and skeptical questioning by the Court’s conservative Justices raises the specter of recent adverse decisions such as Ledbetter v. Goodyear Tire and Rubber Co.

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