![]() Elenis, "bears both on the scope of speech protections and economic life, particularly for business owners, but also the degree to which businesses can refuse to serve customers," she said. ![]() "Those big First Amendment questions are now back up before the court, but before a new court," said Amanda Shanor, an assistant professor at the Wharton School of the University of Pennsylvania who focuses on constitutional law, during the Federalist Society preview. But in its 2018 decision, the justices left unaddressed the central free speech issues. The case, which involves a website designer in Colorado, comes four years after the justices heard a similar dispute involving a Colorado baker who declined to make a cake for a same-sex wedding. The justices will also consider whether anti-discrimination laws protecting LGBTQ people can require a business owner to express a message they don't wish to convey under the First Amendment. "I do think as we continue to think about concerns about the legitimacy of the court, that it would be really a black mark on the court if the first Black female just didn't have an opportunity to weigh in on a major race issue like affirmative action," he said during a preview of the court's term hosted by the Federalist Society. Jackson can participate in the consideration of the University of North Carolina case.ĭevon Westhill, president and general counsel for the Center for Equal Opportunity, said he believes it's important for Jackson, the first Black woman to serve on the court, to express her views on race-consciousness in American life. The court in January consolidated the two cases for oral argument, but unlinked them in July after Justice Ketanji Brown Jackson was confirmed, as she recused herself from the dispute involving Harvard due to her role on the school's Board of Overseers. I think the safe bet is that those cases will be overturned." "I can't count to five in any way that would preserve Grutter or Fisher. The majority of times, he's been a skeptic of race-based affirmative action and there's no surprises there," Larsen said. "Chief Justice Roberts, his vote is not really in question on race-based affirmative action. University of Texas, when the court last said race-conscious admissions programs are legal. Bollinger, which upheld the use of race as a factor in student admissions by the University of Michigan Law School.Ĭourt watchers expect the Supreme Court to overturn its nearly 20-year ruling, particularly given that the membership of the court has changed since its 2016 decision in the case Fisher v. Students for Fair Admissions is asking the justices to scrap its 2003 decision in Grutter v. The Students for Fair Admissions, the organization that brought the suit, argues the schools violate the 14th Amendment and federal law through their admissions programs, which have been used to foster diversity among university student bodies. ![]() "Restraint may be not in the cases they decide, but in the cases they decide not to decide." Affirmative actionĪmong the most closely watched legal battles the justices will hear is a pair of cases challenging the race-conscious admissions policies at Harvard College, a private school, and the University of North Carolina, a public institution, which are set to be argued Oct. "One question will be whether there is any feeling on the court that after Dobbs, they need to cool the temperature down somewhat, and that may either be in the decisions they make or the cases they may take," said Sean Marotta, an appellate attorney at Hogan Lovells. The cases the court decides not to hear could be illuminating as to whether the conservative justices want to maintain their fast pace of reshaping the law. The justices have also been asked to weigh in on disputes over the Bureau of Alcohol, Tobacco, Firearms and Explosives' ban on bump stocks for firearms, a Florida law regulating how social media companies moderate their content and whether the unborn are entitled to constitutional protections.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |