ABA Journal

Supreme Court Report

188 ABA Journal Supreme Court Report articles.

Supreme Court will consider ‘huge’ attorney-client privilege case

The issue is whether a communication involving both legal and nonlegal advice is protected by attorney-client privilege when obtaining or providing legal advice is one of the significant purposes for the communication.

Is designer’s refusal to create website for same-sex wedding free speech or illegal discrimination?

The case of 303 Creative v. Elenis is about whether the Colorado Anti-Discrimination Act violates the First Amendment free speech rights of Lorie Smith and her wholly owned design firm.

Supreme Court will consider future of Indian Child Welfare Act

The Indian Child Welfare Act faces a broad, multipronged legal attack led by the state of Texas, which along with seven individuals sued the federal government challenging various provisions of ICWA as unconstitutional. The most attention-getting is the attack on the law’s preferences for placing Native American children with family members or other tribe members.

Supreme Court will consider whether Andy Warhol’s Prince paintings violate copyright law

A copyright case going before the U.S. Supreme Court on Oct. 12 encompasses the avant-garde pop art of Andy Warhol, the musical genius and personal vulnerability of the performer Prince and the rarefied worlds of rock photography and glossy magazines.

Supreme Court ready to tackle free speech, affirmative action and election law in new term

The U.S. Supreme Court—and those in its orbit—has been going through the usual machinations leading up to a new term in recent weeks: Panels of law professors and practitioners are previewing the big cases of the new term, and a few justices are making public appearances to send one message or another.

Justice Amy Coney Barrett hasn’t disappointed conservative supporters—so far

Justice Amy Coney Barrett recently completed her nearly two-term tenure as the U.S. Supreme Court’s junior justice, with new Justice Ketanji Brown Jackson having been sworn in on June 30. Barrett has brought more than just froth and foam to her role on the court. When it comes to her central assignment on the court—deciding cases—Barrett has been a reliable conservative vote.

Abortion ruling by Supreme Court sparks closer scrutiny of substantive due process

With the official release of Dobbs v. Jackson Women’s Health Organization, the public encountered a concurrence by Justice Clarence Thomas suggesting that high court precedents on contraception, same-sex sexual intimacy and same-sex marriage should be reconsidered. Those rights, along with the right of a woman to terminate her pregnancy that the court just struck down, were all based on the principle of substantive due process.

Supreme Court nears end of term amid conflict and discord

“What we have now is kind of a perfect storm,” says Stefanie Lindquist, a professor of law and political science at the Sandra Day O’Connor College of Law at Arizona State University. “The court is sort of rattled by all the political instability that we’re all experiencing writ large.”

Rare but not unprecedented Supreme Court leak considered ‘staggering’

The leak of a draft majority opinion in a pending case is “staggering,” says law professor Jonathan Peters. “It’s the most significant leak in the Supreme Court’s history, not only because of the draft’s release but also because of the current political moment (charged as it is) and the personal and social consequences of the decision itself.”

Supreme Court considers whether high school football coach has right to pray on the field

The case of Kennedy v. Bremerton School District arrives at a U.S. Supreme Court dominated by conservatives who have shown special solicitude to religious liberty claims in recent years.

SCOTUS will consider war powers in case of ailing veteran claiming employment discrimination

Le Roy Torres’ U.S. Supreme Court case began, in a sense, thousands of miles away from his home in Corpus Christi, Texas, on a military base in Iraq during the heart of the U.S.-Iraq war.

Breyer’s befuddling hypotheticals reverberate through the halls of SCOTUS

Justice Stephen G. Breyer is retiring at the end of the Supreme Court term, but his fans are taking heart that there are still three months of oral argument left for the justice to come up with his distinctive and sometimes outlandish hypotheticals.

Supreme Court will consider Christian group’s request to temporarily fly flag at Boston City Hall

The case of Shurtleff v. City of Boston, to be argued on Jan. 18, has become a bit of a big thing. It’s the latest test of religious expression to be heard by a U.S. Supreme Court that has been increasingly deferential in recent years to legal claims by religious conservatives.

Roberts’ reference to memos of Blackmun on Roe v. Wade raises questions about SCOTUS justices’ private papers

The collected papers of late U.S. Supreme Court justices are typically of interest primarily to judicial biographers, legal researchers and a few journalists. On Dec. 1, during oral arguments in one of the most consequential cases of the term, a new aficionado of the genre revealed himself: Chief Justice John G. Roberts Jr.

SCOTUS considers whether public tuition program for private schools can exclude religious ones

The U.S. Supreme Court’s latest case about the Constitution’s religion clauses hails from Maine, where the state has paid tuition to send some students to private schools for more than a century but for the last 40 years has limited the choices to “nonsectarian” schools.

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