North Carolina’s “Bathroom Bill” Dispute Ends with Consent Decree Protecting Transgender Individuals
Jenner & Block is proud of its 2019 pro bono results:
Jenner & Block served as pro bono co-counsel with Lambda Legal and the ACLU of North Carolina in a three-year battle to protect the rights of transgender individuals. On July 23, a federal judge approved a consent decree clarifying that transgender individuals cannot be prohibited from using state-run restrooms and facilities consistent with their gender identity.
The dispute dates back to 2016, when the North Carolina General Assembly passed House Bill 2, which required transgender people to use public facilities matching their birth sex. The firm filed a lawsuit against the state and the University of North Carolina, where several of the named plaintiffs worked or attended. The plaintiffs won a partial preliminary injunction blocking HB 2 on Title IX grounds. But in 2017, the General Assembly passed HB 142. Although HB 142 repealed HB 2, it also pre-empted any further “regulation “ of access to restrooms and other facilities by any state agency, local government, school board or other government entity.
The consent decree prohibits the executive branch defendants, including their successors, from interpreting HB 142 to prevent transgender individuals from lawfully using public facilities in accordance with their gender identity and permanently enjoins the executive branch from applying HB 142 to bar, prohibit, block, deter or impede any transgender individuals from using public facilities in accordance with their gender identity.
Associate Andrew C. Noll argued for the plaintiffs in favor of the consent decree at hearings earlier this year. In addition, the team included Partners Devi M. Rao and Emily Chapuis and Associates Caroline C. Cease and Zachary Blau. Partners Ian Heath Gershengorn and Adam G Unikowsky and Associate Lauren J. Hartz helped prepare Mr. Noll for oral argument. Senior Paralegal Cheryl Olson and Associate Manager of Docketing Services Tyler Edwards provided critical paralegal and docketing support.
News of the consent decree was reported widely, including in the New York Times and Law360.
NAACP Recognizes Firm Team with “Foot Soldier in the Sand Award”
During its annual convention in Detroit, the NAACP presented the firm with its “Foot Soldier in the Sand Award” for our pro bono work fighting for a fair 2020 Census.
In the case, the firm and the Rule of Law Clinic at Yale Law School are representing the NAACP, Prince George’s County, Maryland, the NAACP’s Prince George’s County branch and two county residents. Filed in the US District Court for the District of Maryland, NAACP v. Census Bureau aims to combat the threat that the 2020 Census will unconstitutionally undercount minority communities, leading to inequalities in political representation and federal funding.
Census results determine the number of congressional seats each state receives, the redrawing of legislative district lines and the enforcement of voting rights laws. The federal government also uses Census data to distribute federal funding. In the 2010 Census, Prince George’s County, which has a majority African American population, suffered a 2.3 percent net undercount—the largest net undercount of any county in Maryland and one of the largest of any county in the nation. The lawsuit seeks to compel the Bureau of the Census to prepare for and conduct a full and fair 2020 Census, as the Constitution requires.
The federal government sought to dismiss the suit, but in January 2019, US District Court Judge Paul Grimm denied the Census Bureau’s motion to dismiss. The case is pending.
The team includes Partners Susan J. Kohlmann, Jeremy M. Creelan and Michael W. Ross; Associates Jacob D. Alderdice, Alex S. Trepp, Logan Gowdey, Amy Egerton-Wiley, Olivia Hoffman, Zachary Blau and Matthew J. Phillips; Law Clerks Alexa Kissinger and Andrew Whinery; and Project Assistant Esmeralda Bako.
Jenner & Block Honors Lawyers and Staff with 2019 Pro Bono Awards
On July 18, Jenner & Block hosted its annual Pro Bono Awards reception to honor lawyers and staff who uphold the firm’s dedication to pro bono work. This year’s Albert E. Jenner Award honorees are Partners Todd C. Toral and Keisha N. Stanford and Associates Alice S. Kim and Eric H. Lamm. Their team, led by Mr. Toral, obtained a significant victory for two civilian Department of Defense lawyers who fought to resign from representing the alleged mastermind behind the USS Cole bombing in 2000 after learning the US government serially invaded the attorney-client privilege by eavesdropping on their confidential communications with their client. The firm also recognized Senior Paralegal Cheryl L. Olson with the Excellence in Pro Bono or Public Service award. Ms. Olson’s dedication and commitment to the Appellate and Supreme Court Practice has led to major wins for the firm’s pro bono clients.
Chicago Tribune Features Pro Bono Client Aaron Holzmueller
Aaron, who has cerebral palsy, is a devoted student athlete, and the article traces his athletic career from childhood to college. Part of his story includes a pioneering legal battle against the Illinois High School Association (IHSA), a case the firm took on, pro bono. For years, the firm represented Aaron as he fought to compel the IHSA to institute a para-ambulatory division for the state track meet so that these athletes could have an opportunity to competein the season’s showcase event. In February 2018, a Seventh Circuit panel affirmed a lower court’s opinion in favor of the ISHA. Aaron has since graduated from high school and now competes in track and cross-country at Beloit College in Wisconsin. “I just wanted to try to get awareness out,” Aaron told the Chicago Tribune of his battle against the IHSA. “Even though I didn’t get the result I was hoping for, I wanted to let people know about runners like me. I definitely can see it changing one day.” The firm team included Partners Louis E. Fogel, Devi M. Rao, Clifford W. Berlow, and Shaun M. Van Horn; Associates Abraham M. Salander, Lina R. Powell, Ren-How H. Harn, David B. Diesenhouse and James Dawson; and paralegal Daniel Garcia.
Click here to read more about Aaron’s case in The Heart of the Matter and here for a video.
Click here to read the Tribune article, titled “Evanston’s Aaron Holzmueller Hasn’t Let Cerebral Palsy Keep Him from Competing as a College Runner. And He Has His Eyes on a Future Paralympic Games.”
Firm Ranks No. 1 in Pro Bono for 10th Year in The American Lawyer’s Annual Survey
Once again, The American Lawyer has recognized Jenner & Block as the No. 1 law firm in the United States for pro bono service. This marks the 10th time the firm has achieved the top spot in the annual survey of pro bono commitment among AmLaw 200 firms. The American Lawyer’s annual survey ranking is based on 2018 hours, which totaled more than 83,000. Our lawyers contributed, on average, nearly 170 hours of pro bono work during the year, and 100 percent of US-based lawyers performed more than 20 hours. In international pro bono work, the firm climbed four rankings to secure third place.
Partner Andrew W. Vail, co-chair of the firm’s Pro Bono Committee, comments in the profile that the firm doesn’t think of pro bono work in terms of politics, but instead in terms of serving those without access to legal representation. “Our commitment to pro bono has continued over decades in various administrations. We were one of the first law firms to join the fight against the detention of prisoners at Guantánamo Bay under previous administrations. We’ve been doing asylum work for many years and continue to do that today,” he says. The publication also highlights our work to secure justice for hundreds of former students of the now-defunct ITT Technical Institute.
Jenner & Block was also named No. 1 in 2018, 2017, 2015, 2014, 2012, 2010, 2009, 2008 and 1999. The firm has placed among the leading 10 pro bono programs nationwide every year since the survey began in 1990.
Firm Named to PILI’s 2019 Pro Bono Recognition Roster
Jenner & Block is one of 48 law firms and corporations in Illinois named to the Public Interest Law Initiative’s (PILI) Pro Bono Recognition Roster. Launched in 1999, the Pro Bono Initiative Program aims to enhance the scope and quantity of pro bono legal assistance in Illinois for those who lack access to justice. Law firms named to the roster must demonstrate a commitment to their pro bono programs and must meet at least two of the following qualifications: an average of 35 pro bono hours per legal professional; a five percent increase in Illinois office(s) pro bono hours from the previous year; pro bono participation by 60 percent or more of the firm’s Illinois lawyers; participation in the Chicago Bar Foundation’s Law Firm Leadership Circle or one of PILI’s Judicial Circuit Pro Bono Committee Pro Bono Pledges; and adoption of innovative steps to expand the firm’s pro bono program.
Jenner & Block has been on the roster since 2010.