supreme – Page 2

Guns At Home Extends To Carrying Them In Public Too – Supreme Court Appears To Suggest

8Nov

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IN OTHER NEWS

Guns At Home Extends To Carrying Them In Public Too – Supreme Court Appears To Suggest

Morgan Marietta, University of Massachusetts Lowell Faced with the question “does the constitutional right to possess a gun extend outside the home?” the majority of the Supreme Court appears to be heading toward the answer “yes.” On Nov. 3, 2012, justices heard oral arguments over New York’s restrictions on the carrying of firearms in public. Supreme Court watchers reported that conservative justices – who make up the bulk of the court – appeared to be of the view that the state’s laws contravene individuals’ right to self-defense outside of their own property. “Why isn’t it good enough to say I live in a violent area, and I want to be able to defend myself?” Justice Brett Kavanaugh wondered. The nine-member panel is far from the first to ponder such questions. The crux of the issue b...

Justices At The Supreme Court Will Consider Gun Rights – If The Fundamental Right To Keep A Gun At Home Applies To Carrying Weapons In Public

2Nov

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POLITICS

Justices At The Supreme Court Will Consider Gun Rights – If The Fundamental Right To Keep A Gun At Home Applies To Carrying Weapons In Public

Morgan Marietta, University of Massachusetts Lowell The Supreme Court is set to hear arguments Nov. 3, 2021, on a clear question: Does the constitutional right to possess a gun extend outside the home? The answer may alter gun regulations in many states. The crux of the issue before the court is captured by a debate that Thomas Jefferson had with himself at the time of the founding. When Jefferson was drafting a proposed constitution for his home state of Virginia in June 1776, he suggested a clause that read “No freeman shall ever be debarred the use of arms.” In the second draft, he added in brackets, “[within his own lands or tenements].” Jefferson’s debate with himself captures the question posed to the court: Is the purpose of the right to “keep and bear arms” the protection of a...

Supreme Court Rulings Often Exclude Viewpoints Of Black And Latina Justices – But Always Include The Perspective Of White Males

28Oct

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POLITICS

Supreme Court Rulings Often Exclude Viewpoints Of Black And Latina Justices – But Always Include The Perspective Of White Males

David Orentlicher, University of Nevada, Las Vegas In recent decades, much progress has been made in diversifying the Supreme Court. While only white males served as justices for more than 175 years, the court now includes three female justices, one Black and one Latina justice. Despite the increased diversity, however, the court’s voting rules often exclude minority viewpoints. Like most other courts, the Supreme Court decides its cases by a majority vote. If at least five of the nine justices agree on a resolution, they are able to determine the court’s decision and impose their preferred outcome. If other justices disagree, they cannot ensure that their views are taken into account by the majority. They can only write a dissenting opinion to express their disagreement with the major...

A Significant Case Before The Supreme Court – The Second Amendment Could Topple Gun Restrictions

6Oct

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POLITICS

A Significant Case Before The Supreme Court – The Second Amendment Could Topple Gun Restrictions

Eric Ruben, Southern Methodist University The stakes in one of the most significant Second Amendment cases in U.S. history are high. The Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen, expected by mid-2022, could declare a New York state restriction on carrying concealed handguns in public places unconstitutional. Such a ruling in favor of the plaintiffs, which include a National Rifle Association affiliate, could loosen gun regulations in many parts of the country. In my view as a Second Amendment scholar, this case is also noteworthy in that how the court reaches its conclusion could affect the Second Amendment analysis of all weapons laws in the future. The court is set to hear oral arguments on Nov. 3. Long on the books In 1911, after an increase ...

The US Supreme Court Set To Address Abortion, Guns And Religion

30Sep

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POLITICS

The US Supreme Court Set To Address Abortion, Guns And Religion

Morgan Marietta, University of Massachusetts Lowell The Supreme Court begins its annual term on Oct. 4, 2021, with a packed agenda highlighted by three claims of violations of constitutional rights. One is about religious rights. A second is about gun rights. And the biggest case this year is a challenge to abortion rights. Several states are asking the justices to reconsider Roe v. Wade – the landmark 1973 ruling that established the constitutional right for a woman to terminate a pregnancy, regardless of the moral beliefs of other citizens. Abortion The case is Dobbs v. Jackson Women’s Health. The Mississippi legislature passed the Gestational Age Act in 2018, banning abortions after 15 weeks. The law was challenged and is currently on pause until the Supreme Court hears arguments on D...

6 Questions Answered – Why Facebook Created Its Own ‘Supreme Court’ For Judging Content

4Apr

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SOCIAL MEDIA

6 Questions Answered – Why Facebook Created Its Own ‘Supreme Court’ For Judging Content

Facebook’s quasi-independent Oversight Board on May 5, 2021, upheld the company’s suspension of former President Donald Trump from the platform and Instagram. The decision came four months after Facebook CEO Mark Zuckerberg banned Trump “indefinitely” for his role in inciting the Jan. 6 riot at the U.S. Capitol. The board chastised Facebook for failing to either set an end date for the suspension or permanently ban Trump and gave the social media company six months to resolve the matter. What is this Oversight Board that made one of the most politically perilous decisions Facebook has ever faced? Why did the company create it, and is it a good idea? We asked Siri Terjesen, an expert on corporate governance, to answer these and several other questions. 1. What is the Facebook Oversight Boa...

A New Supreme Court Nominee Before the Election May Spark a Crisis of Legitimacy

23Sep

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SOCIAL JUSTICE

A New Supreme Court Nominee Before the Election May Spark a Crisis of Legitimacy

The death of Supreme Court Justice Ruth Bader Ginsburg just turned the already frenetic 2020 election into a tornado. Senate Majority Leader Mitch McConnell waited barely two hours before announcing that “President Trump’s nominee will receive a vote on the floor of the United States Senate.” And a number of Democratic senators have been almost as quick to denounce that move, especially given McConnell’s refusal to grant a hearing to Barack Obama’s Supreme Court nominee, Merrick Garland, a full eleven months before the end of Obama’s second term. The politics of it all are fluid at the moment, and nearly impossible to predict. Most Republican senators seem gung-ho to fill the seat, but there is also some dissent, with Alaska’s Lisa Murkowski issuing a statement that there should be no vot...

Supreme Court upholds American Indian treaty promises, orders Oklahoma to follow federal law

4Apr

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IMPACT

Supreme Court upholds American Indian treaty promises, orders Oklahoma to follow federal law

Land in eastern Oklahoma that the United States promised to the Creek Nation in an 1833 treaty is still a reservation under tribal sovereignty, at least when it comes to criminal law, the Supreme Court ruled on July 9. Justice Neil Gorsuch wrote for the majority, “Because Congress has not said otherwise, we hold the government to its word.” The eastern part of Oklahoma, about half of the state’s total land, was granted by Congress to Native American tribes in the 19th century, and is still under tribal sovereignty, the Supreme Court has ruled. Kmusser, based on 1890s data/Wikimedia Commons, CC BY-SA To most Americans, it may seem obvious that a government should live up to its word. But the United States has regularly reneged on the promises that it made to American Indian nations in the ...

The Supreme Court just expanded the ‘ministerial exception’ shielding religious employers from anti-bias laws

4Apr

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Journalism

The Supreme Court just expanded the ‘ministerial exception’ shielding religious employers from anti-bias laws

Should religious employers be allowed to discriminate? When it comes to houses of worship selecting spiritual leaders, then the answer from lower courts has long been “yes.” Even if, say, a member of the clergy is dismissed on the grounds of their race, gender identity, age or disability. That’s because churches can claim a “ministerial exception” from complying with nondiscrimination laws. The Supreme Court has just expanded that exemption to cover employees at religious schools. In so doing, they may have opened the doors to faith-based providers of services such as health care and social services, as well as education, to openly discriminate against staff who may perform some religious duties. ‘Unwanted ministers’ The ruling in Our Lady of Guadalupe School v. Morrissey-Berru is not th...

4Apr

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IN OTHER NEWS

5 game-changing Supreme Court cases to watch that could challenge Black people’s rights for years to come

This week the Supreme Court went back into session, kicking off what’s expected to be one of the most divisive and controversial terms in recent history. Everything from guns to abortion rights is on the docket, and America will get to see the impact of the addition of Trump-appointee Brett Kavanaugh. Although judges are expected to be politically impartial, Kavanaugh’s contentious confirmation hearing after being accused of sexual assault, left him charging Democrats with unfairly going after his character. Now, some experts are bracing for a possible “conservative revolution,” after the court overturned two precedents (a highly unusual move) last term, and President Donald Trump has successfully appointed 150 judges to lifetime seats on the bench (whoever told said your vote didn’t mat...