Category: Supreme Court

Academia, Free Speech, Society, Supreme Court

The Berkeley Files: Faculty Applicants Were Ranked on Their Support for DEI Policies and Practices

After years of resisting demands under the Public Records Act (including alleged violations), UC Berkeley has finally turned over documents to the Foundation for Individual Rights in Education (FIRE) on its hiring criteria. The files show that Berkeley has been grading faculty on their commitment to DEI, including viewpoints that should be protected by free speech or academic privileges. Continue reading “The Berkeley Files: Faculty Applicants Were Ranked on Their Support for DEI Policies and Practices” →

Constitutional Law, Media, Supreme Court

Poll: Public Overwhelmingly Rejects Calls for Court Packing and Attacks on Supreme Court

Despite the reversal of Roe v. Wade and unrelenting attacks in the media and by Democratic members of Congress, the Supreme Court still has the overwhelming support of the American people. While figures like Sen. Elizabeth Warren (D., Mass.) have called for court packing, the public in a just-released Mason-Dixon poll show that 68% of Americans oppose her efforts and those of various law professors.  There were also a couple of surprises. Continue reading “Poll: Public Overwhelmingly Rejects Calls for Court Packing and Attacks on Supreme Court” →

Politics, Society, Supreme Court

Pew: Half of Americans Disapprove of Affirmative Action in College Admissions

We are awaiting the potential blockbuster ruling of the Supreme Court in the Harvard and North Carolina college admissions cases. After decades of conflicting and confusing rulings on the use of race as a factor for admissions, the Court could be close to rejecting the practice. That is why the recent Pew survey is interesting. It shows that half of Americans disapprove of the use of affirmative action in admissions and only 33% approve of the practice. Continue reading “Pew: Half of Americans Disapprove of Affirmative Action in College Admissions” →

Constitutional Law, Courts, Supreme Court

Locked and Loaded: Third Circuit Declares Federal Gun Law Unconstitutional Over Ex-Felon Rights

Yesterday, the United States Court of Appeals for the Third Circuit handed down a major ruling in favor of the Second Amendment rights of ex-felons. At issue was the federal “felon-in-possession” law—18 U.S.C. § 922(g)(1), which bars ex-felons from possession of firearms. While it is always risky to bet on granting of review before the Supreme Court, this en banc decision is well positioned for a Supreme Court showdown over the Second Amendment. Continue reading “Locked and Loaded: Third Circuit Declares Federal Gun Law Unconstitutional Over Ex-Felon Rights” →

Constitutional Law, Politics, Supreme Court

Justice Barrett Gives Illinois Officials Until Monday to Respond to Challenge of “Assault Weapons” Ban

We recently discussed a federal judge enjoining the new Illinois law banning “assault weapons.” Now a gun shop in Naperville, Illinois has made it to the Supreme Court in seeking injunctive relief and Justice Amy Coney Barrett has given the proponents of the law until Monday to respond to the request.

Continue reading “Justice Barrett Gives Illinois Officials Until Monday to Respond to Challenge of “Assault Weapons” Ban” →

Columns, Constitutional Law, Politics, Supreme Court

Daily Condemnations with Al Franken: Former Senator Denounces John Roberts and the Supreme Court
YouTube Screengrab

This morning, Chief Justice John Roberts should get up, look into the mirror and declare “I deserve good things. I am entitled to my share of happiness. I refuse to beat myself up. I am an attractive person. I am fun to be with.” That mantra from SNL’s “Daily Affirmation with Stuart Smalley” seems appropriate after the former Smalley comedian (and former U.S. Senator) Al Franken declared Roberts a “villain” and his Court “illegitimate” in the latest attack on the institution. Continue reading “Daily Condemnations with Al Franken: Former Senator Denounces John Roberts and the Supreme Court” →

Courts, Media, Politics, Supreme Court

Alito: I Know Who Likely Leaked the Dobbs Decision

In a surprising statement to The Wall Street Journal today, Supreme Court Justice Samuel Alito says he has a “pretty good idea” who leaked a draft opinion in Dobbs v. Jackson Women’s Health Organization. He strongly suggested that it was someone who opposed the opinion and wanted to pressure the justices not to go forward with the overturning of Roe v. Wade.

 

Continue reading “Alito: I Know Who Likely Leaked the Dobbs Decision” →

Academia, Constitutional Law, Religion, Supreme Court

Seventh Circuit Upholds Termination of High School Teacher Who Objected to Pronoun Policy

There is an important ruling this month out of the United States Court of Appeals for the Seventh Circuit, which ruled against former high school music teacher John Kluge for refusing to comply with the school’s pronoun policy for religious reasons. What is most curious about the ruling is the timing. The Seventh Circuit opinion from April 7th is particularly interesting given the oral argument in the Supreme Court in Groff v. DeJoy only 11 days after the appellate ruling. Groff could gut the underlying standard used by the Seventh Circuit in its ruling for the school district. The opinion also puts the appellate court in conflict with the United States Court of Appeals for the Sixth Circuit in its recent Meriweather decision. Continue reading “Seventh Circuit Upholds Termination of High School Teacher Who Objected to Pronoun Policy” →

Constitutional Law, Supreme Court

Supreme Court Restores Full Availability of Abortion Pill in “Shadow Docket” Ruling

On Friday night, the Supreme Court ordered the abortion pill mifepristone to continue to be made available to women by mail as challenges continue to be litigated in lower courts. As I mentioned on Fox yesterday before the ruling, the Court usually restores the status quo while challenges are being heard. That is what it did again in this case.  However, there are dissents from two of the most vocal critics of abortion rights: Justices Clarence Thomas and Samuel Alito. In the only decision in the case, Justice Alito strongly suggests that some of his colleagues (cited by name) are engaging in rank hypocrisy in using what is known as the “shadow docket” for these purposes. Continue reading “Supreme Court Restores Full Availability of Abortion Pill in “Shadow Docket” Ruling” →

Columns, Constitutional Law, Courts, Free Speech, Politics, Supreme Court

Floral Free Speech: Liberals in Tennessee are Making the Case for Conservative Justices

Below is my column in The Hill on the recent controversy of a Tennessee Florist shop refusing to serve Republicans and encouraging others to do the same. It is a timing boycott as we await the decision in 303 Creative v. Elenis.

Here is the column:

Continue reading “Floral Free Speech: Liberals in Tennessee are Making the Case for Conservative Justices” →

Constitutional Law, Courts, Criminal law, Free Speech, Supreme Court

Pot Shop Owner Faces Possible Criminal Charge After Profane Diatribe Against Police Officer

A video has gone viral of the owner of a Washington state dispensary unleashing a profanity-laced verbal attack on state trooper, Yasin Anwar, who pulled over a driver near the Green Seed in Moses Lake, Washington, a marijuana shop. The owner has been identified as Amy Dalluge, who reportedly has a history of problems with the police. Some are calling for charges. As outrageous and unhinged as the verbal attack was, I do not agree that such verbal abuse should be criminally charged as a matter of free speech. Continue reading “Pot Shop Owner Faces Possible Criminal Charge After Profane Diatribe Against Police Officer” →

Academia, Constitutional Law, Events, Supreme Court

Turley to Speak at University of Maryland Law School Symposium on the Supreme Court

I have the pleasure of speaking this morning at the University of Maryland Law School as part of the Law Review’s annual symposium on constitutional law. To the Law Review’s great credit, the students sought to bring together a wide range of views on the evolution of constitutional law in a well-balanced selection of academics. I will be on the first panel at 10:15 at the law school. That is the first of three panels and there will be a keynote address by the Honorable Judge Greenaway of the United States Court of Appeals for the Third Circuit. Continue reading “Turley to Speak at University of Maryland Law School Symposium on the Supreme Court” →

Constitutional Law, Supreme Court

Bruen 2.0? Fifth Circuit Rules Against Biden Administration on Barring Gun Possession in Domestic Violence Case

There is a major ruling this week in the United States Court of Appeals for the Fifth Circuit where a three-judge panel ruled unanimously in United States v. Rahimi that the federal bar on gun possession for individuals under a domestic violence restraining order violates the Second Amendment. The opinion is most notable for its exploration of the historical analogues supporting the rule, as required under New York State Rifle & Pistol Association, Inc. v. Bruen. The case also relied on a dissenting opinion in an appellate case, Kanter v. Barr, by then Judge Amy Coney Barrett, which I discussed during her nomination.

Continue reading “Bruen 2.0? Fifth Circuit Rules Against Biden Administration on Barring Gun Possession in Domestic Violence Case” →

Constitutional Law, Supreme Court

No, the Supreme Court Did Not Just Rule Against Gun Rights

Much has been made of the decision of the Supreme Court to reject a request for an injunction of a New York law limiting gun rights.  New York Attorney General Letitia James went public to celebrate the “decision” while saying that the “gun safety laws help save lives, and keep our state safer.” In reality, there is less than meets the eye in this action . . . far less. There are ample reasons for the Court to deny in motion even if the majority views the underlying law as likely unconstitutional. The celebrations, therefore, may be a tad premature. Continue reading “No, the Supreme Court Did Not Just Rule Against Gun Rights” →

Constitutional Law, Courts, Religion, Supreme Court

Supreme Court Takes Major Religion Case: Postal Worker Asks Court to Toss Long-Standing Test for Religious Accommodation

The Supreme Court has granted certiorari in a potentially major case on the free exercise of religion.  Groff v. DeJoy involves evangelical Christian postal worker, Gerald Groff, who alleges that the the U.S. Postal Service (USPS) forced him out of his job when he refused to work on Sundays due to his faith. The case could either overturn or reaffirm the earlier ruling in TWA v. Hardison, which stated that employers need not offer religious accommodation if doing so would cause an “undue hardship” to the business. Continue reading “Supreme Court Takes Major Religion Case: Postal Worker Asks Court to Toss Long-Standing Test for Religious Accommodation” →