The Gloucester County School Board and the Virginia teen known as G.G., who identifies as a boy and wants to be able to use the boys’ bathroom at Gloucester High School, don’t agree about much. But today they both told the Supreme Court that their dispute should go forward even after the federal government revoked… Read More
Opinion analysis: Court sends majority-minority districts back for another look in Virginia gerrymandering case
This morning the Supreme Court handed a partial victory to a group of Virginia voters who argued that the 12 state legislative districts in which they live were the result of racial gerrymandering. The justices agreed with the challengers that a lower court had applied the wrong legal standard when it upheld all 12 districts,… Read More
Three new cases, a Breyer dissent and a summary affirmance
This morning the Supreme Court issued orders from last week’s private conference. The justices added three new cases to their merits docket for the next term, but – like last week – the most interesting development may have come in a death penalty case in which the court denied review. A week ago, it was… Read More
Argument analysis: Justices skeptical about social media restrictions for sex offenders
At today’s oral argument in Packingham v. North Carolina, a challenge to a state law that imposes criminal penalties on registered sex offenders who visit social networking sites, Justice Elena Kagan suggested that social media sites like Facebook and Twitter were “incredibly important parts” of the country’s political and religious culture. People do not merely… Read More
Argument preview: Court to consider social media access for sex offenders
In April 2010, Lester Packingham’s traffic ticket was dismissed, prompting him to take to Facebook to celebrate. He posted that “God is Good! How about I got so much favor they dismissed the ticket before court even started? No fine, no court costs, no nothing spent . . . Praise be to GOD, WOW! Thanks… Read More
Trump administration rescinds guidance at center of transgender bathroom dispute
One day before lawyers for a transgender teen who identifies as a boy and wants to use the boys’ bathroom at his Virginia high school are due to file their brief in the Supreme Court, the Trump administration today withdrew guidance, issued by the U.S. Department of Education in 2015 and 2016, on the use… Read More
Opinion analysis: Court outlines boundaries between disabilities, education cases
When Stacy and Brent Fry obtained a goldendoodle for their five-year-old daughter, E.F., in 2009, they could not possibly have imagined that they would find themselves, seven years later, at the U.S. Supreme Court. But that is exactly where they were at the end of October, listening to the justices debate their case. The case… Read More
Opinion analysis: Court condemns use of race-based testimony in sentencing
When a Texas jury was deciding whether to sentence Duane Buck to death for the 1995 murders of his former girlfriend and another man, the key question in their deliberations was whether Buck was likely to be violent in the future. Buck’s attorney put Dr. Walter Quijano, a psychologist, on the stand, where Quijano testified,… Read More
One new grant, and a Sotomayor dissent
Last week the court released its calendar for the April sitting, the final two-week session in which the justices are scheduled to hear oral arguments during the 2016-2017 term. With a full calendar (and then some) for April, and three cases that were granted in January carried over to the fall, it was not altogether… Read More
Argument analysis: A search for a rule, but is there even a remedy?
At today’s oral argument in Hernández v. Mesa, the latest chapter in a Mexican family’s effort to hold a U.S. Border Patrol agent liable for the fatal shooting, on Mexican soil, of their 15-year-old son, some of the justices appeared “sympathetic,” as Justice Stephen Breyer put it, to the family’s plight. But at the same… Read More