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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was published after IL’s deadline Monday:
7th Circuit Court of Appeals
Brenda K. Warnell v. Martin J. O’Malley, Commissioner of Social Security
23-1632
Civil. Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge William Lee. Affirms the administrative law judge’s determination that Brenda Warnell is not disabled and therefore not entitled to disability benefits or supplemental security income. Finds the ALJ provided a more than sufficient explanation for why the medical record led her to deny Warnell’s claim. Also finds the judge acknowledged and grappled with conflicting evidence, ultimately concluding that the treatment record as a whole supports a finding of non-disability.
Tuesday opinions
Indiana Court of Appeals
Indiana Bureau of Motor Vehicles and Joseph B. Hoage, in his official capacity as Commissioner of the Indiana Bureau of Motor Vehicles v. Fitz Simmons, A.G., S.D., C.O., K.W., W.A., B.W., K.H., S.R., J.T., K.O., S.O., and J.L.
23A-PL-899
Civil plenary. Reverses the Monroe Circuit Court’s grant of judicial review and summary judgment in favor of appellees Fitz Simmons, S.R., K.H, A.G., and S.D. Finds that an individual’s non-binary status necessitates only the standard scrutiny of the rational basis test and, as appellees were unable to demonstrate that there was no reasonably conceivable state of facts that could provide a rational basis for an “X” classification rather than “male” or “female.” Also finds the trial court erred by entering summary judgment for appellees on their equal protection and due process claims. Remands with instructions to dissolve the injunction against the Indiana Bureau of Motor Vehicles and enter summary judgment and declaratory judgment for the BMV.
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