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    Another Momentous Term for the Supreme Court

    enOctober 04, 2022

    Podcast Summary

    • New Supreme Court Term: Significant Cases AheadThe new Supreme Court term brings important cases on divisive topics, including affirmative action and the EPA's authority to regulate wetlands.

      The new term of the Supreme Court is expected to be as significant as the last one, with important cases on issues such as affirmative action set to be heard. The court has returned to normal operations, with the public and press back in the courtroom and a new justice, Ketanji Brown Jackson, joining the bench. However, the justices will face challenging cases on deeply divisive topics, making this term another potentially difficult one for the court. One of the most significant cases this term involves the EPA's authority to regulate wetlands, and the justices have already begun questioning in the first hearing of the term. The affirmative action cases, which are some of the most important on the docket, are expected to have far-reaching implications.

    • Harvard and UNC's Race-Conscious Admissions Under ScrutinyThe use of race in college admissions is a contentious issue. While universities argue it's necessary for educational diversity, opponents claim it's discriminatory and unlawful. The Supreme Court allows race to be considered, but not as a quota or numerical requirement.

      The use of race as a factor in college admissions is a contentious issue currently being challenged in courts. Harvard and the University of North Carolina are among the institutions under scrutiny for their race-conscious admissions programs. Students For Fair Admissions argues that such programs are discriminatory and should be deemed unlawful. The Supreme Court's 2003 ruling on the University of Michigan cases established that universities can consider race as one factor among many to achieve educational diversity. This holistic approach is acceptable as long as it does not involve quotas or numerical proportional requirements. Educational diversity is considered beneficial for learning, as it allows for a variety of backgrounds and viewpoints in the classroom. However, the challengers argue that the concept of educational diversity does not meet the strict scrutiny standard required for race discrimination cases. Universities, on the other hand, argue that considering race is necessary to address historical inequalities and ensure a fair and inclusive educational environment.

    • Impact of Supreme Court cases on racial equality effortsSupreme Court decisions could limit universities' use of race in admissions and reduce racial voting districts, potentially reversing progress towards racial equality

      The ongoing Supreme Court cases regarding affirmative action in universities and voting districts could significantly impact racial equality efforts in America. While academic freedom and diversity are important values, the constitutional argument revolves around the 14th Amendment's equal protection clause, which aims to protect the rights of historically marginalized groups. The likely outcome is that universities may no longer be able to use race directly when considering student admissions, and the Supreme Court may also limit the number of voting districts with racial majorities. These decisions could potentially reverse long-standing precedents and continue the court's trend towards the right, potentially hindering progress towards racial equality.

    • Cases on Voting Rights and Redistricting in Supreme CourtAlabama and North Carolina Supreme Court cases debate the role of race in redistricting and the authority to redistrict, potentially shaping future elections and processes.

      The ongoing Supreme Court term is seeing significant cases revolving around voting rights and redistricting. In Alabama, the discussion centers around the number of districts that should represent the majority black population and the role of race in redistricting. The Voting Rights Act's interpretation is at the heart of the argument. Meanwhile, North Carolina's case involves the legislature's claim of sole authority to redistrict, challenging the state supreme court's power based on the US Constitution's elections clause. The North Carolina legislature argues that it reigns supreme among state organs, which some justices find intriguing. These cases could set important precedents for future elections and redistricting processes.

    • Supreme Court Cases: Gerrymandering and Religious FreedomThe Supreme Court is currently deciding cases that could impact state legislative power and the balance between religious freedom and LGBTQ rights. The gerrymandering case could give legislatures unrestricted power, leading to partisan maps and undermining state courts. The religious freedom case could provide clarity on the balance between these rights.

      The current Supreme Court case, if decided in favor of the North Carolina legislature, could give state legislatures unrestricted power to draw electoral maps and run elections without oversight from other branches of state government or state constitutions. This could lead to partisan gerrymandering and undermine the authority of state courts. The outcome of this case is uncertain as it involves interpreting constitutional provisions related to state legislatures, and past rulings on federal statutes, such as the Voting Rights Act, may not apply. Another significant case this term revolves around the clash between religious freedom and LGBTQ rights, specifically a web designer's refusal to create websites celebrating same-sex marriages based on her conscience and free speech rights. The outcome of this case could potentially provide clarity on the balance between these competing interests.

    • The Supreme Court reconsiders businesses' right to refuse service based on beliefsThe Supreme Court is examining if businesses can deny service based on religious convictions or personal beliefs, potentially impacting discrimination laws and free speech rights.

      The Supreme Court is revisiting the issue of whether businesses open to the public can be compelled to serve all customers, or if they have the right to refuse service based on their religious convictions or personal beliefs. This case, involving a web designer, is being framed primarily as a free speech issue. However, the implications extend beyond that, as it could potentially impact discrimination against various protected classes, such as race, gender, or sexual orientation. The constitutional value of free speech versus the prohibition of discrimination is the central question at hand. It's important to note that while refusing service based on protected classes is indeed discrimination, the debate centers around whether the constitutional value on the other side justifies such actions. The lines between what qualifies as an "expressive business" and where that logic stops are not easily defined.

    • Impact of Supreme Court term on religious freedom and gay rightsThe Supreme Court's conservative majority is expected to make significant decisions regarding religious freedom and gay rights, with insights from a current case involving a web designer and a gay couple.

      The ongoing Supreme Court term is expected to significantly impact American laws regarding religious freedom and gay rights. The court, with a 6-justice conservative majority, is seen to be moving quickly to the right, with justices Alito and Thomas leading the charge. The case currently before the court, involving a web designer's refusal to create a website for a gay couple based on religious beliefs, is seen as a clash between religious freedom and gay rights. Although not explicitly about gay rights, the decision in this case is expected to provide insight into the court's stance on the issue. The court's pattern of big decisions followed by more modest ones may be changing, with two big terms in a row, and the chief justice, who typically takes an incremental approach, appearing to have less control over the court's direction. The identity of the person who leaked a draft opinion from the court remains a mystery.

    • US President Biden to visit Florida after Hurricane Ian, UK PM Liz Truss scrapped tax cut planPresident Biden is visiting Florida to address Hurricane Ian aftermath and pledged $60 million in relief funds. UK PM Liz Truss faced a crisis of leadership after scrapping her tax cut plan, causing turmoil in financial markets and criticism from her own party.

      This week saw significant reversals in policy decisions from both sides of the Atlantic. In the United States, President Biden is set to visit Florida to address the aftermath of Hurricane Ian and has pledged $60 million in relief funds. Meanwhile, in the UK, new Prime Minister Liz Truss faced a crisis of leadership after just a few weeks in office when she scrapped her plan to cut taxes for high earners, a move that had caused turmoil in financial markets and sparked criticism from her own party. These events highlight the challenges and complexities of political leadership in times of crisis. Today's episode was produced by Diana Wynne in Aosta Tervati, with help from Rob Zipko. It was edited by Paige Cowett, contains original music by Marian Lozano, and was engineered by Chris Wood. Our theme music is by Jim Brumberg and Ben Landsberg of Wonderly. That's it for The Daily. I'm Sabrina Tavernisi. We'll see you tomorrow.

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