Showing posts with label SCOTUS. Show all posts
Showing posts with label SCOTUS. Show all posts

Thursday, July 3, 2025

What the Supreme Court ruling against ‘universal injunctions’ means for court challenges to presidential actions

  When presidents have tried to make big changes through executive orders, they have often hit a roadblock: A single federal judge, whether located in Seattle or Miami or anywhere in between, could stop these policies across the entire country.

  But on June 27, 2025, the Supreme Court significantly limited this judicial power. In Trump v. CASA Inc., a 6-3 majority ruled that federal courts likely lack the authority to issue “universal injunctions” that block government policies nationwide. The ruling means that going forward, federal judges can generally only block policies from being enforced against the specific plaintiffs who filed the lawsuit, not against everyone in the country.

Wednesday, February 19, 2025

60 years of progress in expanding rights is being rolled back by Trump − a pattern that’s all too familiar in U.S. history

  For many Americans, Donald Trump’s head-spinning array of executive orders in the early days of his second term looks like an unprecedented effort to roll back democracy and the rights and liberties of American citizens.

  But it isn’t unprecedented.

  As we have written, American history is not a steady march toward greater equality, democracy, and individual rights. America’s commitment to these liberal values has competed with an alternative set of illiberal values that hold that full American citizenship should be limited by race, ethnicity, gender, and class.

Saturday, September 7, 2024

How Jefferson and Madison’s partnership – a friendship told in letters – shaped America’s separation of church and state

  Few constitutional principles are more familiar to the average American than the separation of church and state.

  According to the Pew Research Center, 73% of adults agree that religion should be kept separate from government policies. To be sure, support varies by political or religious affiliation – with Democrats supporting the principle in much higher numbers – and depending on the specific issue, such as prayer in public schools or displays of the Ten Commandments monuments. Yet only 19% of Americans say the United States should abandon the principle of church-state separation.

  That said, criticism appears to be on the rise, particularly among political and religious conservatives. And such criticism comes from the top.

Tuesday, February 20, 2024

Ohio v. EPA threatens the EPA’s ability to regulate air pollution nationwide

  On February 21, 2024, the Supreme Court will hear oral arguments for an emergency petition to postpone implementing the U.S. Environmental Protection Agency’s (EPA) “good neighbor plan,” which is meant to protect downwind states from high levels of ozone pollution. Unusually, the court is holding oral argument in this matter even though it originates in the notorious emergency docket known as the “shadow docket.” Unlike in the traditional merits docket, cases heard in the shadow docket typically are decided without oral argument on a fast-tracked basis and often are procedural in nature. In Ohio v. EPA, the court has chosen to hear arguments to determine whether the good neighbor plan should be paused while litigation in the lower courts continues. A stay of the plan could allow upwind states to emit approximately 70,000 additional tons of smog-creating nitrous oxide by the peak of the 2026 summertime ozone season, causing up to 1,300 premature deaths and increased hospital visits for thousands of Americans with asthma or other respiratory problems each year. This case serves as another opportunity for this radical, right-wing Supreme Court to rule in favor of powerful industry polluters over the safety and welfare of the American people.

Thursday, January 25, 2024

Supreme Court appears poised to overrule Chevron deference in judicial power grab

  On the morning of January 17, 2024, the U.S. Supreme Court heard oral arguments in a pair of cases that could upend 40 years of administrative jurisprudence, impede the federal government’s ability to effectively serve the American people, and allow the federal judiciary to amass unchecked levels of power. At issue in both Loper Bright v. Raimondo and Relentless v. Department of Commerce is a challenge to a regulation created by the National Marine Fisheries Service, under the Magnuson-Stevens Fishery Conservation and Management Act, requiring commercial fishing vessels to pay for federal monitors who collect data to ensure that fisheries remain sustainable and viable for decades to come. Rather than address the narrow and technical question on this regulation, however, the Supreme Court opted instead to take up the broader and far more existentially threatening question of whether to completely do away with 40-year-old precedent known as Chevron deference.

Sunday, September 17, 2023

A constitutional revolution is underway at the Supreme Court, as the conservative supermajority rewrites basic understandings of the roots of US law

  In a 2006 episode of the television show “Boston Legal,” conservative lawyer Denny Crane asserted that he had a constitutional right to carry a concealed firearm: “And the Supreme Court is going to say so, just as soon as they overturn Roe v. Wade.”

  That was a joke, an unimaginable event, when the show aired 17 years ago. Then in 2022, the court announced both changes, shifting the butt of a joke to the law of the land in a brief span of years – and signaling the start of what is sometimes called a “constitutional revolution.”

  Scholars describe a constitutional revolution as “a historic constitutional course correction,” or a “deep change in constitutional meaning.”

Saturday, June 17, 2023

What the Supreme Court’s surprise voting rights decision could mean for Alabama

  The Supreme Court surprised me. 

  You see, it’s become distressingly easy to predict how the nation’s high court will rule on issues. 

  The Dobbs decision overturning Roe v. Wade? Horrifying. Insulting. Deadly to women. But we knew that this bench was going there. 

  I’ve spent way too many nights waiting for the Supreme Court to decide whether to allow an execution in Atmore to proceed. Whatever the merits of the condemned person’s appeal, they almost always allow the machinery of death to roll forward.

Thursday, October 6, 2022

A seismic change has taken place at the Supreme Court – but it’s not clear if the shift is about principle or party

  In the summer of 2022, the U.S. witnessed a dramatic change in how the majority of Supreme Court justices understand the Constitution.

  At the end of a single term, the court rejected the long-standing constitutional right to abortion, expanded gun rights, and ruled that religion can have a bigger role in public institutions.

  These outcomes reflect a seismic shift in U.S. law and policy, but scholars of the court dispute what kind of change it was, exactly – a principled or partisan one. As a close observer of constitutional politics, I believe this is an important debate with deep consequences for the perceived legitimacy of the court.

Tuesday, September 20, 2022

Free preventive care under the ACA is under threat again – a ruling exempting PrEP from insurance coverage may extend nationwide and to other health services

  Many Americans breathed a sigh of relief when the Supreme Court left the Affordable Care Act in place following the law’s third major legal challenge in June 2021. This decision left widely supported policies in place, like ensuring coverage regardless of preexisting conditions, coverage for dependents up to age 26 on their parents’ plan, and removal of annual and lifetime benefit limits.

  But the hits keep coming. One of the most popular benefits offered by the ACA, free preventive care, is under legal threat again by Braidwood Management v. Becerra – originally Kelley v. Becerra. The Braidwood plaintiffs are a mix of individuals and business owners who object to purchasing insurance that covers preexposure prophylaxis – or PrEP – a medicine that is almost 100% effective in preventing HIV infection. One of the plaintiffs claimed that PrEP “facilitates and encourages homosexual behavior, intravenous drug use, and sexual activity outside of marriage between one man and one woman” and that his religious beliefs prevent him from providing insurance that covers PrEP.

Saturday, September 17, 2022

Supreme Court to revisit LGBT rights – this time with a wedding website designer, not a baker

  A simmering, difficult, and timely question returns to the Supreme Court this fall: What happens when freedom of speech and civil rights collide?

  The court took up similar questions four years ago in the famous “gay wedding cake” case, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, about a baker who refused to provide services for a same-sex couple based on his religious beliefs. The justices ruled in his favor, but did so on narrow grounds, sidestepping the direct constitutional questions over freedom of religion and free speech.

Saturday, September 3, 2022

FTC lawsuit spotlights a major privacy risk: From call records to sensors, your phone reveals more about you than you think

  The Federal Trade Commission filed suit against Kochava Inc. on Aug. 29, 2022, accusing the data broker of selling geolocation data from hundreds of millions of mobile devices. Consumers are often unaware that their location data is being sold and that their past movements can be tracked, according to the commission.

  The FTC’s suit specified that Kochava’s data can be used to track consumers to sensitive locations, including “to identify which consumers’ mobile devices visited reproductive health clinics.”

Thursday, September 1, 2022

4 reasons why abortion laws often clash with the majority’s preferences in the US, from constitutional design to low voter turnout

  Kansas voters opted against overturning a state constitutional right to an abortion on Aug. 2, 2022. A few days later, Indiana lawmakers banned nearly all abortions.

  Both are conservative-leaning states that supported President Donald Trump’s reelection bid by near-identical margins in 2020 - 56.1% to 41.5% in Kansas and 57% to 41% in Indiana. So what explains the different outcomes?

Monday, August 29, 2022

New restrictions on abortion care will have psychological harms – here’s what research shows will happen in post-Roe America

  “I’m struggling a bit this morning,” a client of mine stated at the start of our session the morning of June 24, 2022. “I just heard on the news about the decision to overturn Roe v. Wade. There was so much for me to process I had to turn it off.”

  While this client did not have personal experience with elective abortion, she had a complicated reproductive history that included a recent pregnancy in which she was unsure if the baby would survive. In our session that day, she recognized how privileged she was to have had a medical team that communicated with her about all available options and potential outcomes for her and the baby. Most importantly, she acknowledged the significance of having a say in the decisions about her reproductive care.

Friday, August 26, 2022

The wrongness of letting government tell us to ‘shut up – or else’

  There may be no worse assault on our freedom of speech than a law that would permit the government to tell us to “shut up” when it comes to discussion and debate on a major social issue of our time – and to punish us if we don’t.

  Freedom of speech under the First Amendment is rooted in the concept of a “marketplace of ideas,” where information and robust, uninhibited exchanges are protected to ensure all can speak and be heard.

Monday, August 8, 2022

Confidence in the Supreme Court is declining – but there is no easy way to oversee justices and their politics

  Recent evidence showing that Virginia Thomas, wife of U.S. Supreme Court Justice Clarence Thomas, sent at least 29 text messages to former White House Chief of Staff Mark Meadows urging him to help overturn the 2020 election has reignited a long-simmering debate about judicial ethics and the nation’s highest court.

  Fair and impartial judges are essential to the health and legitimacy of the judicial system and are a critical component of the system of government established in the U.S. Constitution.

Tuesday, August 2, 2022

Court OKs coach's on-field prayer, shifting balance for religious expression

  In its decision in Kennedy v. Bremerton, the Supreme Court strengthened First Amendment protection for religious speech by government officials.


The Case

  Public high school football coach Joseph Kennedy filed a lawsuit alleging his rights to free speech and freedom of religion were violated when he was fired for praying at the 50-yard line after each game.

Thursday, July 28, 2022

What the Bible actually says about abortion may surprise you

  In the days since the Supreme Court overturned Roe v. Wade, which had established the constitutional right to an abortion, some Christians have cited the Bible to argue why this decision should either be celebrated or lamented. But here’s the problem: This 2,000-year-old text says nothing about abortion.

  As a university professor of biblical studies, I am familiar with faith-based arguments Christians use to back up views of abortion, whether for or against. Many people seem to assume the Bible discusses the topic head-on, which is not the case.

Wednesday, July 27, 2022

Religious liberty has a long and messy history – and there is a reason Americans feel strongly about it

  At the close of its recent term the Supreme Court ruled on the cases of Carson v. Makin and Kennedy v. Bremerton School District, rekindling controversy over one of the most enduring issues in American history: religious liberty. Another of this term’s blockbuster decisions, Dobbs v. Jackson Women’s Health Organization, underlines the fact that religious beliefs and actions in the public realm matter. Whether the issue concerns religion and education, prayer, or reproduction, Americans feel strongly about their religious liberties.

Monday, July 25, 2022

What really drives anti-abortion beliefs? Research suggests it’s a matter of sexual strategies

  Many people have strong opinions about abortion – especially in the wake of the U.S. Supreme Court decision that overturned Roe v. Wade, revoking a constitutional right previously held by more than 165 million Americans.

  But what really drives people’s abortion attitudes?

  It’s common to hear religious, political, and other ideologically driven explanations – for example, about the sanctity of life. If such beliefs were really driving anti-abortion attitudes, though, then people who oppose abortion might not support the death penalty (many do), and they would support social safety net measures that could save newborns’ lives (many don’t).

Friday, July 22, 2022

Perspectives: Court sets new rules for funding religious schools

  The Supreme Court, in striking down a unique tuition assistance program in Maine, could foreshadow the future of religious freedom under the First Amendment.


The Case

  The very rural state of Maine is not able to provide a local public secondary school in every school district. To fill the gaps, it allows parents to designate a secondary school for their children to attend and, if a private school is chosen, the school district will pay the cost of the student’s tuition.