Justice

SCOTUS Today for Tuesday, December 16

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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

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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

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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

Two Centuries of Declining Judicial Agreement

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The evolution of judicial agreement within the Supreme Court of the United States reflects a significant historical shift over the past two centuries. Initially, the justices exhibited a remarkable level of consensus, particularly in landmark cases that shaped American constitutional law. However, as the political landscape has transformed, so too has the nature of judicial decision-making, leading to increased polarization among the justices. This trend raises critical questions about the implications for the rule of law and the functioning of American democracy. The Historical Context of Judicial Agreement From the establishment of the Supreme Court … Read more