Supreme Court rejects Wisconsin parents’ challenge to school guidance

U.S. Court News

The Supreme Court on Monday rejected an appeal from Wisconsin parents who wanted to challenge a school district’s guidance for supporting transgender students.

The justices, acting in a case from Eau Claire, left in place an appellate ruling dismissing the parents’ lawsuit.

Three justices, Samuel Alito, Brett Kavanaugh and Clarence Thomas, would have heard the case. That’s one short of what is needed for full review by the Supreme Court.

Parents with children in Eau Claire public schools argued in a lawsuit that the school district’s policy violates constitutional protections for parental rights and religious freedom.

Sixteen Republican-led states had urged the court to take up the parents’ case.

Lower courts had found that the parents lacked the legal right, or standing. Among other reasons, the courts said no parent presented evidence that the policy affected them or their children.

A unanimous three-judge panel of the 7th U.S. Circuit Court of Appeals included two judges Republican Donald Trump appointed during his first term.

But Alito described the case as presenting “a question of great and growing national importance,” whether public school districts violate parents’ rights when they encourage students to transition or assist in the process without parental consent or knowledge.

“Administrative Guidance for Gender Identity Support” encourages transgender students to reach out to staff members with concerns and instructs employees to be careful who they talk to about a student’s gender identity, since not all students are “out” to their families.

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USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.