Tag: US Supreme Court

ANALYSIS: Could Liberal States Obstruct Implementing Affirmative Action Decision? History Suggests So

News Analysis The Supreme Court ruled on June 29 that affirmative action is unconstitutional. Nonetheless, history suggests that liberal states and institutions could obstruct implementing the decision that race-conscious admissions violate the equal protection clause of the 14th Amendment. GianCarlo​ Canaparo, senior legal fellow at The Heritage Foundation’s Edwin Meese III Center for Legal and…


ANALYSIS: SCOTUS Harvard Decision on Affirmative Action Will Spark More Lawsuits, Experts Say

The U.S. Supreme Court decision barring the use of race as a criterion for college admissions rights a wrong, according to proponents of the ruling, rather than perpetuates historic injustice as critics have claimed. The 6-3 decision in Fair Admissions Inc. v. President and Fellows of Harvard College reconstituted a strict interpretation of the 14th…


ANALYSIS: SCOTUS Decision on Affirmative Action Will Spark More Lawsuits, Experts Say

The U.S. Supreme Court decision barring the use of race as a criterion for college admissions rights a wrong, according to proponents of the ruling, rather than perpetuates historic injustice as critics have claimed. The 6-3 decision in Fair Admissions Inc. v. President and Fellows of Harvard College reconstituted a strict interpretation of the 14th…


ANALYSIS: Colleges Likely to Seek Workarounds in Aftermath of Ban on Affirmative Action

The admissions process at many American colleges and universities may be dramatically altered after the June 29 Supreme Court ruling that overturns the practice of broadly applying racial considerations in the selection of incoming students. The 6–3 ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College upends the longstanding practice…


The Supreme Court’s Chaotic Commerce Clause Decision

Commentary On June 15, the Supreme Court issued Haaland v. Brackeen (pdf). Among other issues, the court addressed the scope of the Constitution’s Commerce Clause. Specifically, it upheld the federal Indian Child Welfare Act (ICWA) as within Congress’s power to “regulate Commerce … with the Indian Tribes.” The Commerce Clause part of the decision is…


The Supreme Court Might Curb the ‘Deep State’ by Overruling the Chevron Case

Commentary The Supreme Court will not be announcing its decisions in most of this year’s big cases until June or early July. But the court recently agreed to consider a case that could trim the power of the “deep state.” The “deep state” is a web of federal administrative agencies, career politicians, lobbyists, and compliant…


Senate Committee Hears Both Sides of Gun Control, Public Safety Debate

The Senate Judiciary Committee heard from both sides of the gun control debate in a hearing to preserve public safety in light of the Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen. In that case, the court struck down a New York state law that made it difficult to obtain…


Conservatives Hope They Got the Right Case Before the Right Court to Curb ‘Judicial Activism’ in Elections

WASHINGTON—Conservatives have long sought a conclusive legal decision that would define and cap the capacity of courts to issue rulings affecting how state legislatures administer elections. North Carolina House Speaker Rep. Timothy Moore (R-Cleveland) believes that day will finally come next spring when the U.S. Supreme Court issues its decision in Moore v. Harper. As…


‘Independent State Legislature Theory’ to Get Its Day in US Supreme Court

To some, it’s an arcane discussion among constitutional scholars that reads like cement. To others, it’s a brazen grab for “runaway legislative power” by state lawmakers who say the U.S. Constitution grants them exclusive elections authority, making them immune from their own state constitutions and courts. At its heart, Moore v. Harper is about the…


Election Integrity Advocates Cheer Independent State Legislature Case Before Supreme Court

The United States Supreme Court convened its annual session in Washington on Oct. 3 with a crowded docket that includes cases related to affirmative action, gay rights, and freedom of speech and religion. Among the most closely-watched cases slated for the term, which could see hearings extend into next summer, is a challenge to the…