Supreme Court

When the lines are long and the protesters loud, predicting the path the Supreme Court might take is a perilous practice. Especially if the Justice who voted most in the majority last term—Justice Kavanaugh—is nearly silent.

And yet…when the lawyer arguing that gender identity is covered under Title VII, David Cole, spends most of him time explaining how the case the Court will decide after he wins should be decided—it is hard to suspect his hasn’t already won.

The issue the Supreme Court will decide in June Medical Services LLC v. Gee is whether Louisiana’s law requiring physicians performing abortions to have admitting privileges at a local hospital conflicts with Supreme Court precedent.

If the legal issue in this case sounds familiar that is because it is. In 2016 in a 5-4 decision in Whole Woman’s Health v. Hellerstedt the Supreme Court struck down Texas’s admitting privileges law. In June Medical Services LLC v. Gee the Fifth Circuit upheld Louisiana’s law noting that the “facts in the instant case are remarkably different” from the facts in the Texas case.

In an amicus brief in New York State Rifle & Pistol Association Inc. v. City of New York, New York the State and Local Legal Center (SLLC) urges the Supreme Court to not apply strict scrutiny to regulations of guns carried in public.

In this case the Supreme Court agreed to decide whether New York City’s ban on transporting a handgun to a home or shooting range outside city limits violates the Second Amendment, the Commerce Clause, or the constitutional right to travel. The Second Circuit held the law is constitutional on all accounts.

Kelly v. United States is a conflux of fascinating law and facts.

The basic question the Supreme Court will decide is whether the masterminds of “Bridgegate” have committed fraud in violation of federal law. The more technical question is whether a public official “defrauds” the government of its property by advancing a “public policy reason” for an official decision that is not the subjective “real reason” for making the decision.

Former New Jersey Governor Chris Christie’s Deputy Executive Director of the Port Authority of New York and New Jersey, the Port Authority’s Director of Interstate Capital Projects, and Christie’s Deputy Chief of Staff for Intergovernmental Affairs orchestrated “Bridgegate.” Under the guise of conducting a traffic study, they conspired to reduce traffic lanes from the George Washington Bridge (the busiest bridge in the world) to Fort Lee the first week of Fort Lee’s school year, because the mayor of Fort Lee refused to endorse Governor Christie for governor.

Espinoza v. Montana Department of Revenue raises an issue the Supreme Court has long wrestled with:  if a state-aid program violates a state constitutional prohibition against mixing church and state because religious institutions may participate, does discontinuing that program violate the federal constitution’s Free Exercise or Equal Protection Clauses.

Montana statutes allow taxpayers to receive tax credits for contribution to Student Scholarship Organizations (SSO) that give students scholarships to attend private schools, including religious schools. The Montana Department of Revenue adopted Rule 1 disallowing religious schools to participate in the program because it concluded their participation would violate Montana’s constitution. Parents of students attending religiously-affiliated private schools challenged Rule 1.

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