SCOTUS Deals Fatal Blow to Affirmative Action in Higher Education
In what Ed Whelan dubbed "The Chief Justice's Greatest Opinion," the Supreme Court has dealt a fatal blow to affirmative action in higher education:
The Supreme Court today issued its long-awaited decision on whether the admissions systems used by Harvard College and by the University of North Carolina unlawfully discriminate on the basis of race. In a combined ruling in the two cases, a six-justice majority ruled that the admissions systems violate Equal Protection standards—standards that apply directly to UNC as a state institution under the Equal Protection Clause and that apply to Harvard, as a recipient of federal funding, via Title VI of the Civil Rights Act of 1964. . .
Read moreSCOTUS Justices Speak on Court's Legitimacy and Dobbs Leak
Ahead of the 2022-2023 Supreme Court term, Chief Justice John Roberts, Justice Elena Kagan, and Justice Neil Gorsuch are speaking up about the legitimacy of the Supreme Court after the Court's decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, was leaked earlier this year. Chief Justice Roberts spoke to a group of lawyers and judges last week where he specifically addressed those who seek to cast doubt on the legitimacy of the Supreme Court simply because they disagree with its decisions:
Chief Justice John Roberts said disagreement with the Supreme Court’s decisions is “not a basis for criticizing the legitimacy of the court,” on Friday in his first public remarks since the Court overturned Roe v. Wade.
Read moreLiberal Media Manufactures SCOTUS Mask "Controversy"
On Tuesday, NPR's Nina Totenberg issued a report claiming that conservative Supreme Court Justice Neil Gorsuch refused to mask-up during oral arguments earlier this month despite a request from Chief Justice John Roberts to do so out of respect for Justice Sonia Sotomayor. The report stated:
They all did. Except Gorsuch, who, as it happens, sits next to Sotomayor on the bench. His continued refusal since then has also meant that Sotomayor has not attended the justices' weekly conference in person, joining instead by telephone.
Read moreSupreme Court Reaffirms First Amendment Protection for Associational Privacy Part 1
On Thursday, the United States Supreme Court struck down California's donor disclosure requirement for non-profits in Americans for Prosperity Foundation v. Bonta. As Ilya Shapiro observed, the Court's decision is a victory for Americans' freedom of association.
Read moreSupreme Court Strikes Down Montana's Anti-Religious School Program
Today, the Supreme Court held in Espinoza v. Montana Department of Revenue that, under the Free Exercise Clause, if a state has a program giving public dollars to citizens to use at private schools, it cannot tell those citizens that the money can only be used at non-religious private schools. Montana had decided that its scholarship program funds could not be used at religious schools under the state's Blaine Amendment, a legacy of a failed anti-Catholic amendment to the U.S. Constitution. Many First Amendment advocates hope this opinion proves to be a fatal blow to the discriminatory anti-religious Blaine Amendments still found in many state constitutions.
Read moreSCOTUS Today: A Mixed Bag But Trump Nominees Do the Right Thing
Today’s decisions by the Supreme Court were a mixed bag. First, any way you look at it, Chief Justice Robert’s decision in June Medical Services v. Russo is hard to reconcile with his dissent in Whole Woman's Health v. Hellerstedt. From SCOTUSblog:
Four years ago, by a vote of 5-3, the Supreme Court struck down a Texas law that (among other things) required doctors who perform abortions to have the right to admit patients at a nearby hospital. In that case, Justice Anthony Kennedy joined his four more liberal colleagues in holding that, although Texas has a genuine interest in protecting the health of pregnant women, there was no evidence that the law actually did anything to promote that interest – but it did make it more difficult for women to get an abortion. Kennedy is no longer on the court, but today it was Chief Justice John Roberts who joined the court’s four liberals in ruling in June Medical Services v. Russo that a similar law from Louisiana is unconstitutional – even as he maintained that he continues to believe that the Texas case was wrongly decided.
Read moreSenator Warren Attacks Chief Justice Roberts During Impeachment Trial
Yesterday, during the Senate impeachment trial's questions phase, 2020 Democratic presidential candidate and Senator Elizabeth Warren submitted a question that attacked Chief Justice John Roberts who is presiding over the Senate impeachment trial as required by the Constitution:
Roberts read the question aloud: “At a time when large majorities of Americans have lost faith in government, does the fact that the chief justice is presiding over an impeachment trial in which Republican senators have thus far refused to allow witnesses or evidence contribute to the loss of legitimacy of the chief justice, the Supreme Court, and the Constitution?”
Read moreSupreme Court Declares Partisan Gerrymandering Cases Nonjusticiable; Issues Confusing Opinion in Census Case
The Supreme Court issued two opinions with direct implications for redistricting this morning, on the last day of the October 2018 Term. In a consolidated opinion for Rucho v. Common Cause and Lamone v. Benisek, the Court held that "partisan gerrymandering claims present political questions beyond the reach of the federal courts." In Department of Commerce v. New York, the Court remanded the "census" case to the district court for further proceedings consistent with its rather confusing opinion that held both that it would be permissible for the the Department of Commerce to ask a question regarding citizenship on the census and that the Department did not provide an accurate reason for the question's inclusion.
Read moreSupreme Court Hears Oral Argument in Census Citizenship Question Case
This morning, the Supreme Court heard oral argument in Department of Commerce v. New York concerning whether the plan to include a question on citizenship on the 2020 census violated either the Administrative Procedures Act (APA) or the Constitution's enumeration clause. Solicitor General Noel Francisco represented the United States in defense of adding the question, and three advocates argued on behalf of Democrat-controlled states, liberal organizations, and the U.S. House against including the question.
Read moreSupreme Court Hears Oral Argument in VA Redistricting Case...Again
This morning, the Supreme Court heard oral argument for the second time in a racial gerrymandering challenge to Virginia's 2011 House of Delegates district map in Virginia House of Delegates v. Bethune-Hill. Back in 2017, the Supreme Court upheld one of the challenged 12 districts and sent the remaining 11 back to the district court for further review after determining that the district court had applied the incorrect standard. On remand, the district court found that race had been the predominant factor in drawing the 11 districts and threw them out, and the House of Delegates appealed.
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