SCOTUS Today for Tuesday, December 16

On December 16, 2023, the Supreme Court of the United States (SCOTUS) is set to address several significant legal matters that could reshape various aspects of American law. Among these issues, the legacy of free speech as established by historical cases continues to resonate. Notably, this date marks the anniversary of a landmark case involving students who protested the Vietnam War, underscoring the ongoing relevance of First Amendment rights. Historical Context of Free Speech in Schools Sixty years ago, on this date, students Mary Beth Tinker and Christopher Eckhardt were sent home from school for … Read more

Court to Hear Case on Racial Discrimination in Jury Selection

The Supreme Court is set to examine a pivotal case concerning the intersection of racial discrimination and jury selection, specifically focusing on the constitutional implications of peremptory challenges. This case, Pitchford v. Cain, arises from the conviction of Terry Pitchford, who argues that his death sentence was imposed in violation of the Constitution’s prohibition against racial discrimination in jury selection. The outcome of this case could have significant ramifications for how juries are selected across the United States. Background of the Case Terry Pitchford was convicted nearly two decades ago for his involvement in the … Read more

The concurrence that was really a dissent

The dynamics of dissent within the U.S. Supreme Court often reveal deeper complexities than a mere disagreement among justices. In cases where the majority opinion is not as clear-cut as it appears, concurring opinions can sometimes mask underlying dissent. This phenomenon was notably evident in the 2014 case of NLRB v. Noel Canning, where the implications of the ruling extended far beyond the immediate labor dispute, raising questions about the separation of powers and the role of the presidency in making recess appointments. Background of the Case In January 2012, President Barack Obama made several … Read more

SCOTUS Today for Monday, December 15

As the Supreme Court of the United States (SCOTUS) approaches the midpoint of December, legal observers are keenly interested in the developments surrounding the Court’s activities. With the Bill of Rights being ratified on this day in 1791, the significance of the Constitution’s first ten amendments remains a focal point of legal discourse. This historical context underscores the ongoing relevance of the Supreme Court’s decisions as they shape contemporary legal landscapes. Current Activities and Anticipations The Supreme Court’s December calendar currently shows no scheduled arguments or conferences after the morning’s order list release. This absence … Read more