Supreme Court of the United States

NCLA Cert Petition Joins Effort Asking U.S. Supreme Court to Overturn Chevron and Scrap Fishy Rule

Retrieved on: 
Wednesday, June 14, 2023

Unfortunately, relying on Chevron deference to do the heavy lifting, the First Circuit Court of Appeals upheld that rule.

Key Points: 
  • Unfortunately, relying on Chevron deference to do the heavy lifting, the First Circuit Court of Appeals upheld that rule.
  • Today, the New Civil Liberties Alliance petitioned the U.S. Supreme Court for a writ of certiorari in Relentless Inc., et al.
  • of Commerce, et al., seeking to overturn the Chevron precedent and vacate the rule.
  • But even if the Court does not grant cert in Relentless, NCLA still anticipates the Court will decide the Chevron question in Loper Bright’s favor.

Independent Council on Women’s Sports and USA Powerlifting Urge Public Support for Women Powerlifters in Historic Minnesota Lawsuit

Retrieved on: 
Tuesday, June 13, 2023

A replay of the press conference can be seen on the ICONS Twitter and other @icons_women platforms.

Key Points: 
  • A replay of the press conference can be seen on the ICONS Twitter and other @icons_women platforms.
  • Canadian powerlifter April Hutchinson said that powerlifting, with its strict rules about drug-free fitness, “saved my life,” and she can’t imagine not competing.
  • Male competitors have cost women their chances for roster spots, prize money, paychecks, and scholarships created for women athletes, said Silverman.
  • Research found men powerlifters outmatched women by 43% to 65%—“there really is a difference, in terms of power and performance,” he said.

A Supreme Court Ban on Race-Conscious Admissions Will Force Colleges to Undertake Immediate Reforms and the US to Confront Inequities in K–12 Education

Retrieved on: 
Tuesday, June 13, 2023

But those reforms would require selective colleges to confront biases, significantly expand access, and provide students much more financial and educational support.

Key Points: 
  • But those reforms would require selective colleges to confront biases, significantly expand access, and provide students much more financial and educational support.
  • Although opposition is likely, such reforms are possible and could provide the most immediate remedies.
  • The report situates the current court cases within their historical legal context and considers alternatives to race-conscious admissions policies.
  • It examines six admissions models and the impact they would likely have on racial/ethnic and socioeconomic diversity if used consistently across selective colleges.

Dobbs-One Year Later: Navigating Your Repro Regulatory Questions

Retrieved on: 
Tuesday, June 13, 2023

LOS ANGELES, June 13, 2023 /PRNewswire-PRWeb/ -- To mark the one-year anniversary of the US Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, healthcare law firm Nelson Hardiman LLP will present the webinar series Dobbs-One Year Later: Your Repro Regulatory Questions Answered. The first webinar in this series will be presented on Tuesday, June 27 beginning at 12 noon PDT.

Key Points: 
  • June 27 Webinar: Understanding the Regulatory and Clinical Implications of Providing Reproductive Healthcare Services Hosted by healthcare law firm Nelson Hardiman LLP.
  • LOS ANGELES, June 13, 2023 /PRNewswire-PRWeb/ -- To mark the one-year anniversary of the US Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, healthcare law firm Nelson Hardiman LLP will present the webinar series Dobbs-One Year Later: Your Repro Regulatory Questions Answered.
  • The first webinar in this series will be presented on Tuesday, June 27 beginning at 12 noon PDT.
  • The series, Dobbs-One Year Later: Navigating Your Repro Regulatory Questions, will commence on June 27 with the webinar entitled "Understanding the Regulatory and Clinical Implications of Providing Reproductive Healthcare Services."

Supreme Court rules in favor of Black voters in Alabama and protects landmark Voting Rights Act

Retrieved on: 
Saturday, June 10, 2023

In a surprising ruling on June 8, 2023, the conservative leaning U.S. Supreme Court threw out Republican-drawn congressional districts in Alabama that a lower court had ruled discriminated against Black voters and violated Section 2 of the Voting Rights Act of 1965.

Key Points: 
  • In a surprising ruling on June 8, 2023, the conservative leaning U.S. Supreme Court threw out Republican-drawn congressional districts in Alabama that a lower court had ruled discriminated against Black voters and violated Section 2 of the Voting Rights Act of 1965.
  • At issue in the case that was before the court, Allen v. Milligan, was whether the power of Black voters in Alabama was diluted by dividing them into districts where white voters dominate.
  • Black residents make up about 27% of the state’s population, and voting rights advocates argued that they deserved not one but two political districts.

What does the decision mean for Black voters in Alabama?

    • The decision means that Black voters in Alabama, and across the country, will retain the last remaining voter rights protections.
    • Specifically, Alabama lawmakers will need to redraw their legislative districts to include two districts that reflect the Black population.
    • The Voting Rights Act of 1965 was enacted to prohibit racist practices by Southern states that were used to prevent Black people from voting.

Why was this decision considered a surprise?

    • In his opinion for the majority, Roberts traced the importance of Section 2 of the Voting Rights Act.
    • He explained how racially motivated voter suppression after the Civil War led to the initial passage of the 1965 Voting Rights Act.
    • “States shouldn’t let race be the primary factor in deciding how to draw boundaries but it should be a consideration,” Roberts wrote.
    • “The line we have drawn is between consciousness and predominance.” Roberts went further by citing the repugnant racial history of Alabama.

Is the Voting Rights Act still under attack?

    • While a breath of fresh air for voting rights activists, this ruling does not mean that white conservatives will cease their attack.
    • GOP-controlled congressional maps diluting or eliminating Black districts have been drawn in multiple states, including Louisiana, Georgia, Ohio and Texas.

What are the remaining obstacles to full Black voting power?

    • Across the country, there has been a concerted effort to restrict voting and control the election machinery and even the outcome of these votes.
    • Dozens of Republican-controlled states have passed a series of laws that will curtail voting of Blacks and many other Americans.

How do these laws typically affect Black people?

    • As many as 42 restrictive voting-rights laws in 21 states have been passed since 2021.
    • Among these, 33 contain at least one restrictive provision that will impact elections in 20 states.

Former Ninth Circuit Judge Paul Watford Joins Wilson Sonsini as a Partner

Retrieved on: 
Tuesday, June 6, 2023

Key Points: 
  • View the full release here: https://www.businesswire.com/news/home/20230606005331/en/
    Judge Watford, who was appointed to the Ninth Circuit by former President Barack Obama in 2012, resigned from the court on May 31, 2023.
  • In 2016, several news outlets mentioned Judge Watford among the top prospective nominees to the U.S. Supreme Court.
  • Judge Watford authored several prominent decisions during his time as a Ninth Circuit judge.
  • Judge Watford was a U.S Supreme Court law clerk for Associate Justice Ruth Bader Ginsburg, after previously clerking on the Ninth Circuit Court of Appeals.

80-20 Educational Foundation Calls for Fair Coverage of Asian Americans in Supreme Court Case

Retrieved on: 
Tuesday, June 6, 2023

However, the media should not lose sight that at its core, SFFA v. Harvard is about ending discrimination against Asian Americans in college admission.

Key Points: 
  • However, the media should not lose sight that at its core, SFFA v. Harvard is about ending discrimination against Asian Americans in college admission.
  • SFFA's complaint also discusses Harvard's "long history of intentionally discriminating specifically against Asian Americans" going back to the 1970s.
  • Harvard itself implicitly acknowledges that it discriminated against Asian Americans, because since the lawsuit began, Harvard has dramatically increased its admission rate for Asian Americans.
  • Thus, ending Harvard's discrimination against Asian Americans is not a blow against diversity, as coverage based on the 'end of affirmative action' implies.

Judging the judges: Scandals have the potential to affect the legitimacy of judges – and possibly the federal judiciary, too

Retrieved on: 
Friday, June 2, 2023

In 1991, during his confirmation hearings in the Senate, Thomas faced accusations of sexual harassment from a former colleague and law school professor, Anita Hill.

Key Points: 
  • In 1991, during his confirmation hearings in the Senate, Thomas faced accusations of sexual harassment from a former colleague and law school professor, Anita Hill.
  • More recently, Thomas’ personal relationship with a real estate billionaire, Republican donor Harlan Crow, has come under scrutiny.
  • As political science professors, we study how scandals and other phenomena affect public support for the Supreme Court.
  • And as legitimacy diminishes, judges are likely to face increased public scrutiny for their policy decisions.

Judicial scandals different from political scandals

    • These range from Justice Brett Kavanaugh’s alleged sexual assault to a controversial real estate sale involving Justice Neil Gorsuch.
    • In fact, Congress has moved to impeach lower court federal judges in only the most extreme circumstances.
    • To date, no Supreme Court justice has been impeached and removed from office, although Samuel Chase was impeached in 1801 but ultimately acquitted in the Senate.

Public opinion and federal court legitimacy

    • The Supreme Court historically has a deep reservoir of goodwill among the public.
    • Yet the federal judiciary faces threats to its legitimacy across all levels, from the Supreme Court to district courts.
    • Studies also suggest that the public views the Supreme Court less favorably when the court is perceived as politically distant from one’s own partisan preferences.

Punishment for scandals

    • Our research, which predates the recent media reports on Thomas, looks at whether scandals meaningfully diminish citizen support for members of the judiciary, and the court as an institution.
    • Relying on multiple survey experiments, we examined the effect of varying scandals – ethical, financial and sexual – among hypothetical Supreme Court nominees and hypothetical sitting lower court judges.
    • Notably, however, scandals did not harm the public’s perceptions of the federal courts’ legitimacy.
    • This suggests that while the public holds judges associated with scandal in low regard, the negative effects of individual scandals do not permeate the institution of the courts.

How food insecurity affects people's rights to choose whether or not to have children, and how they parent

Retrieved on: 
Friday, June 2, 2023

Food insecurity – difficulties getting enough nutritious food for a healthy life – is a growing problem globally.

Key Points: 
  • Food insecurity – difficulties getting enough nutritious food for a healthy life – is a growing problem globally.
  • Our recent research shows how food insecurity also matters for reproductive justice: people’s ability to have only the children they want and raise them the way they want.
  • In our research, we show how food insecurity can restrict each of these rights.

Why food insecurity matters

    • And food insecurity can make it hard to meet other basic needs.
    • Where healthcare systems charge for service, food insecure people face challenging decisions of whether to use their limited funds on food or healthcare.
    • Food insecure people may resort to criminalised methods to obtain food, which can lead to a prison sentence.
    • A criminal record may also limit employment opportunities and access to housing, increasing the risk of food insecurity after release from prison.

Why is this a timely issue?

    • Such events have disrupted global food supply chains, displaced people, and made basic necessities unaffordable.
    • On top of everything, the climate crisis will compound these problems in the coming years.
    • Maureen Owino is a Vanier Canada Graduate Scholarship (Vanier CGS) Scholar and receives funding from CIHR.

The Supreme Court just shriveled federal protection for wetlands, leaving many of these valuable ecosystems at risk

Retrieved on: 
Saturday, May 27, 2023

The U.S. Supreme Court has ruled in Sackett v. EPA that federal protection of wetlands encompasses only those wetlands that directly adjoin rivers, lakes and other bodies of water.

Key Points: 
  • The U.S. Supreme Court has ruled in Sackett v. EPA that federal protection of wetlands encompasses only those wetlands that directly adjoin rivers, lakes and other bodies of water.
  • This is an extremely narrow interpretation of the Clean Water Act that could expose many wetlands across the U.S. to filling and development.
  • Under this keystone environmental law, federal agencies take the lead in regulating water pollution, while state and local governments regulate land use.
  • Swamps, bogs, marshes and other wetlands provide valuable ecological services, such as filtering pollutants and soaking up floodwaters.

The Sackett case

    • Idaho residents Chantell and Mike Sackett own a parcel of land located 300 feet from Priest Lake, one of the state’s largest lakes.
    • Indeed, it is still hydrologically connected to the lake and neighboring wetlands by water that flows at a shallow depth underground.
    • In 2012, the Supreme Court held that the Sacketts had the right to challenge EPA’s order and sent the case back to the lower courts.

What are ‘waters of the United States’?

    • The Supreme Court has previously recognized that the “waters of the United States” include not only navigable rivers and lakes, but also wetlands and waterways that are connected to navigable bodies of water.
    • But many wetlands are not wet year-round, or are not connected at the surface to larger water systems.
    • The Trump administration then replaced the 2015 rule with a rule of its own that largely adopted the Scalia approach.
    • The Biden administration responded with its own rule defining waters of the United States in terms of the presence of either a significant nexus or continuous surface connection.
    • However, this rule was promptly embroiled in litigation and will require reconsideration in light of Sackett v. EPA.

The Sackett decision and its ramifications

    • The Sackett decision adopts Scalia’s approach from the 2006 Rapanos case.
    • None of the nine justices adopted Kennedy’s 2006 “significant nexus” standard.
    • However, Justice Brett Kavanaugh and the three liberal justices disagreed with the majority’s “continuous surface connection” test.
    • However, past efforts to legislate a definition have fizzled, and today’s closely divided Congress is unlikely to fare any better.
    • In my view, Sackett v. EPA might be just one step toward the teardown of federal environmental law.