Supreme Court

Supreme Court to review major abortion case

Featured image The U.S. Supreme Court has granted the state of Mississippi’s certiorari petition in the case of Dobbs v. Jackson Women’s Health Organization. The petition concerns Mississippi’s Gestational Age Act, enacted in 2018, which allows abortions after 15 weeks of gestational age only in medical emergencies or in instances of severe fetal abnormality. The question the Court agreed to review is: “Whether all pre-viability prohibitions on elective abortions are unconstitutional.” The »

Is Brett Kavanaugh out for revenge? [With Comment by John]

Featured image That’s the title of this article in the Atlantic by McKay Coppins. If Kavanaugh is out for revenge, it would be understandable given the way Democrats and others on the left treated him. It would be even more understandable if Kavanaugh reads Coppins’ insulting, condescending attempt to psychoanalyze him. I recommend skipping the first part of the article — the stuff about “young Kavanaugh” and “suburban Kavanaugh.” However, I think »

Supreme Court hears case on student speech rights in the social media age

Featured image On Tuesday, I wrote about Mahanoy Area School District v. B.L., the high school free speech case the Supreme Court was about to hear. The Court heard the case yesterday. You can listen to the oral argument here. It was a lively affair, as well it should have been given the tricky questions involved, and was well argued on both sides. The Court seemed sympathetic to B.L. who was suspended »

Supreme Court set to hear major student speech rights case

Featured image Tomorrow, the Supreme Court will hear the case of Mahanoy Area School District v. B.L. Brandi Levy (B.L.) is a high school student who, after failing to make the varsity cheerleading team, went on social media to post a picture of herself raising her middle finger under the caption “F*** school f*** softball f*** cheer f*** everything.” The school suspended B.L. from junior varsity cheerleading. It found that she had »

Is United’s set-aside program for minority and female pilots legal?

Featured image Last night I wrote about United Airlines’ plan during this decade to train 5,000 pilots for jobs with United, and to have half of the 5,000 be women and “people of color.” I suggested that, unless United can show that this regime is necessary to make up for past discrimination based on race and gender, the company’s plan might lead to unlawful results. Today, a friend pointed out that in »

Students for Fair Admissions files cert petition in Harvard case

Featured image Students for Fair Admissions (SFFA), the plaintiff in a lawsuit alleging that Harvard discriminates against Asian-American applicants, has filed a petition for certiorari to U.S. Supreme Court in its case against the school. A liberal district court judge ruled in favor of Harvard and a liberal court of appeals panel affirmed that ruling. Perhaps the non-liberal Supreme Court will take the case and rule against Harvard, whose discrimination against Asian-Americans »

Supreme Court enjoins some California restrictions on worship

Featured image Last night, the Supreme Court ordered California to allow churches to resume indoor worship services. However, California is permitted to limit attendance to 25 percent capacity. In addition, the state’s ban on singing and chanting at religious services can remain in place for now. The Court fractured over these matters. Justices Thomas and Gorsuch would have enjoined the entire set of restrictions imposed by California. Justice Alito would have done »

Court Packing, Here We Come?

Featured image The Biden administration has appointed a “bipartisan” commission to study “reforms” to the Supreme Court. It isn’t hard to see where this is going: Biden campaign lawyer Bob Bauer and former deputy assistant attorney general within the Obama Justice Department Cristina Rodríguez will serve as co-chairs, according to Politico. The outlet said the commission’s exact mandate is still being determined. Here is a clue: Politico pointed out that Fredrickson, who »

Everything is broken

Featured image More or less without exception each one of the executive orders promulgated by the gentleman from Madame Tussauds on January 20 belies the principles of good government, though each one in its own distinctive way. Taking the rationale of any one of them to its logical conclusion, one can infer the others and the tyrannical dystopia they mean to hang around our necks. We’re on the road to find out. »

Supreme Court Turns Down Texas Election Case

Featured image This evening the Supreme Court denied the motion by the State of Texas, supported by 18 other states, to seek to overturn election results in four other states. The vote was 7-2; Justices Alito and Thomas said that they would have granted Texas’s motion for leave to file a complaint, but denied any further relief. The State of Texas’s motion for leave to file a bill of complaint is denied »

Texas Throws a Hail Mary

Featured image Yesterday the State of Texas filed pleadings in the U.S. Supreme Court alleging that the electoral processes followed by Pennsylvania, Georgia, Michigan and Wisconsin in this year’s election were unconstitutional and the results in those states should be negated. Because this is a lawsuit between states, the Supreme Court has original and exclusive jurisdiction. Texas’s pleadings are embedded below. The Texas motion and supporting brief are well-drafted and make a »

Behind the Left’s Primal Scream Over the Supreme Court’s Religious Liberty Ruling

Featured image I’ve noticed today that the left is in a fury about the Supreme Court’s 5-4 ruling last night striking down New York’s wholly arbitrary restrictions on churches and other places of worship because the Court is “ignoring the advice of the experts.” True indeed. I could go on at some length about old cases involving the arbitrary (and therefore unconstitutional) use of the government’s police power, but in this case »

Justice Alito tells it like it is

Featured image I’m a huge fan of Justice Samuel Alito. His speech to the Federalist Society this week, delivered virtually, is a good example of why. Alito’s message was that key American rights are in jeopardy. He noted, for example, that the Wuhan coronavirus pandemic has resulted in previously “unimaginable” restrictions on individual liberty. “We have never before seen restrictions as severe, extensive and prolonged as those experienced for most of 2020,” »

First Circuit affirms decision that Harvard doesn’t discriminate against Asian-American applicants

Featured image As expected, a panel of the liberal U.S. Court of Appeals for the First Circuit has affirmed a lower court ruling that Harvard’s race-conscious admissions program is lawful. You can read the opinion, all 100 pages of it, here. Having read the opinion, I don’t recommend it except to those with a particular interest in the issue. For me, the most interesting portion begins at page 90, when the court »

Supreme Court set to uphold Obamacare

Featured image During the hearings on the nomination of Amy Coney Barrett, Democrats on the Senate Judiciary Committee pretended that confirming Barrett would jeopardize Obamacare. To support this claim, they noted that the Supreme Court soon would be hearing a challenge to that law and they pointed to a law review article by Barrett that criticized Chief Justice Roberts’ reasoning when he upheld Obamacare in 2012. The Dems’ argument was always phony. »

The Supreme Court now

Featured image What is the shape of the Supreme Court now that Amy Coney Barrett is a member? Three articles consider the question. Jason Richwine argues that the new court is best viewed, not as one in which Justice Barrett has replaced Justice Ginsburg, but as one in which Justice Kavanaugh has replaced Chief Justice Roberts as the key vote. I agree. Assuming no court packing, the question then becomes how much »

Justice Barrett!

Featured image It’s all done. She’s Justice Barrett now. As Paul has already noted, Democrats have themselves to blame in their expedient decision under Harry Reid to eliminate the filibuster for appellate court nominees—a move determined by entirely short-term considerations of the DC Circuit Court of Appeals that kept blocking overreaching executive branch initiatives from President Obama. I wonder if this bitter experience will give Democrats pause about abolishing the legislative filibuster »