Logo
    Search

    Most Significant Supreme Court Decisions 2023 | 7.2.23

    enJuly 02, 2023

    Podcast Summary

    • Supreme Court Ends Use of Race Conscious Admissions in CollegeThe Supreme Court ruled that Harvard and UNC violated the promise of color blindness in education by using race consciousness in admissions, effectively ending the use of such plans.

      The Supreme Court made history last week with a series of significant rulings, including a seismic decision on affirmative action in college admissions. Sarah Parshall Perry, senior legal fellow at The Heritage Foundation, joined Morning Wire to discuss the most notable cases and their implications moving forward. The affirmative action cases, Students For Fair Admissions versus Harvard College and University of North Carolina, saw arguments on both sides regarding equal protection under the 14th Amendment and title 6 of the Civil Rights Act. The conservative majority ruled in both cases that the universities had violated the Supreme Court's promise of color blindness, effectively ending the use of race consciousness admission plans. The decision came despite dissent from the three liberal justices. The court was asked to overrule a previous case, Grutter v Bollinger, from 2003. The majority's significant points included reaffirming the promise of color blindness in education and recognizing the need for race-neutral alternatives in college admissions.

    • Supreme Court's Fisher v. UT Decision Questions Future of Race in College AdmissionsThe Supreme Court's Fisher v. UT decision questioned the future of race in college admissions, with Justice Thomas advocating for an end and universities allowed to consider race's impact on applicants' lives.

      The Supreme Court's decision in Fisher v. University of Texas, while not explicitly overruling the Grutter v. Bollinger case, saw Justice Thomas arguing for an end to the use of race in college admissions. The court acknowledged the historical significance of race in education but expressed concern over its continued use and the lack of an end in sight. The ruling did not eliminate the consideration of race entirely, but allowed universities to consider its impact on applicants' lives in relation to their unique qualities or experiences. The decision is expected to have significant implications, with some anticipating a shift away from race-based admissions and others advocating for its continued use to promote diversity. Ultimately, the ruling leaves the future of race-conscious admissions policies uncertain.

    • Harvard's race-based admissions rule doesn't apply to military academiesHarvard's race-based admissions rule is unique to federally funded universities, while military academies face different regulations

      The Harvard University decision regarding race-based admissions only applies to federally funded institutions of higher education and not military academies. This is because military academies are subject to different rules and regulations due to their status as part of the United States government. In another case, Graf versus DeJoy, a Christian mail carrier sought an accommodation to not work on Sundays due to religious beliefs. However, this request was denied based on a 1977 decision, Transworld Airlines versus Hardison, which holds that employers do not have to provide religious accommodations if it would cause undue hardship. These cases highlight the complexities and nuances of balancing constitutional protections and specific circumstances in areas like education and religion.

    • Supreme Court Clarifies Religious Accommodations in WorkplaceThe Supreme Court set a clearer standard for religious accommodations in the workplace under Title 7, requiring both minimal financial impact and substantial burden to be met.

      The Supreme Court clarified the standard for religious accommodations in the workplace under Title 7 of the Civil Rights Act. The Court ruled that the de minimis standard, which allowed employers to discriminate against religious employees with minimal financial impact, was misapplied and that both de minimis and substantial burden language must be met for Title 7 to be satisfied. This decision should provide clarity and relief for religious employees who want to practice their faith without fear of losing their jobs. In another ruling, the Supreme Court struck down President Biden's student loan forgiveness plan, with the conservative majority ruling that the administration overstepped its authority and that the plaintiffs lacked standing due to not suffering a concrete injury.

    • Courts Uphold Statutory Text and Intent during National EmergenciesCourts have emphasized the importance of adhering to the text and intent of statutory law during national emergencies, as seen in the Heroes Act and 303 Creative cases.

      The Heroes Act, which was passed to provide regulatory relief during national emergencies, did not give the administration the authority to fundamentally transform an existing student loan forgiveness program into something new and expansive during the COVID-19 pandemic. In the 303 Creative case, the court ruled in favor of a graphic designer's First Amendment rights, holding that she could not be forced to use her expressive medium to communicate messages with which she disagreed. This was not a religious freedom case, but rather a free speech case, and the court carefully distinguished it from other anti-discrimination cases. In both cases, the court emphasized the importance of adhering to the text and intent of the underlying statutory law.

    • Web wedding websites are protected by the First AmendmentIndividuals cannot be forced to communicate a message against their will in creating web wedding websites, upholding free speech tradition

      Web wedding websites are considered a form of expressive speech protected by the First Amendment, even if the creator has a commercial interest in selling them. The court ruled that individuals cannot be forced to communicate a message against their will. This decision upholds the long-standing tradition of free speech in the US. Thanks for tuning in to MorningWire, and we hope you found this discussion with Sarah Parchel Perry informative. Sarah is a leading expert on digital media law, and her insights provide valuable context for understanding the legal landscape of online businesses. This ruling is a reminder of the importance of individual freedom of expression in the digital age, and it sets a precedent for future cases involving online content creation.

    Recent Episodes from Morning Wire

    Replacing Biden: Legal and Logistical Challenges | 7.5.24

    Replacing Biden: Legal and Logistical Challenges | 7.5.24

    Kyle Brosnan, Chief Counsel for the Heritage Oversight Project explains the legal and logistical challenges of replacing President Biden on the ballot if he were to drop out of the presidential race. Get the facts first on Morning WIre.

    Birch Gold: Text "WIRE" to 989898 for your no-cost, no-obligation information kit.

    Morning Wire
    enJuly 05, 2024

    Sound of Hope: The Inspiring Journey to Transform Foster Care | 7.3.24

    Sound of Hope: The Inspiring Journey to Transform Foster Care | 7.3.24

    The real life heroes of “Sound of Hope: The Story of Possum Trot” join Morning Wire to share their incredible and inspiring journey. Bishop and First Lady Martin and their community adopted 77 difficult-to-place children from the foster care system, proving the transformational power of love and faith. Get the facts first on Morning Wire.

    Black Rifle Coffee: Drink America's coffee at https://www.blackriflecoffee.com/

    Morning Wire
    enJuly 03, 2024

    Trump’s Immunity Win & Biden’s Democratic Coup | 7.2.24

    Trump’s Immunity Win & Biden’s Democratic Coup | 7.2.24

    Donald Trump wins big in SCOTUS immunity case, Democrats seek to oust Biden, and voter registration for illegal immigrants. Get the facts first with Morning Wire.

    Balance of Nature: "Get 35% off Your Order + FREE Fiber & Spice Supplements. Use promo code WIRE at checkout: https://www.balanceofnature.com/"

    ZBiotics: "The drink before drinking with ZBiotics. Get 15% off your order with promo code WIRE at http://www.ZBiotics.com/Wire"

    Morning Wire
    enJuly 02, 2024

    Biden Debate Fallout & Seismic SCOTUS Rulings | 7.1.24

    Biden Debate Fallout & Seismic SCOTUS Rulings | 7.1.24

    The Biden campaign continues to struggle days after abysmal debate performance and the U.S. Supreme Court issues several major rulings toward the end of its term. Get the facts first with Morning Wire.

    Babbel: ​​For a limited time, get 60% off your Babbel subscription at http://www.babbel.com/wire

    Good Ranchers: Get $100 off PLUS FREE smoked brats for a year with promo code WIRE: https://www.goodranchers.com

    Birch Gold: Text "WIRE" to 989898 for your no-cost, no-obligation information kit.

    Morning Wire
    enJuly 01, 2024

    Related Episodes

    Ep. 1531 - Musk Blows Up The Twitter Deal

    Ep. 1531 - Musk Blows Up The Twitter Deal

    Elon Musk pulls out of his purchase of Twitter, but Twitter wants to force him to go through with it; Justice Brett Kavanaugh is harassed at a steakhouse with his family, and the Left is ecstatic about it; and the media have had just about enough of Joe Biden.


    Become a DailyWire+ member today to access the extensive content catalog: https://utm.io/ueIZt 

     

    Check out the latest episode of my Sunday Special featuring bestselling author Robert Kiyosaki on Apple podcasts, Spotify, DailyWire+, or wherever you listen to podcasts.

     

     —


    Today’s Sponsors:


    With an Alto Crypto IRA, you can trade crypto like Bitcoin, and avoid or defer the taxes. Open your Alto CryptoIRA account for as little as $10 at altoIRA.com/BEN.


    Protect your online privacy with ExpressVPN. Visit EXPRESSVPN.com/BEN for 3 Months FREE.


    Tired of paying high interest rates on your credit card debt? Check out LightStream. Receive a special interest rate discount at www.LightStream.com/SHAPIRO.


    Policygenius is your one-stop shop to find the insurance you need at the right price. Head to policygenius.com/SHAPIRO to get your free life insurance quotes and see how much you could save.

    Learn more about your ad choices. Visit podcastchoices.com/adchoices

    323. In Defense of Free Speech

    323. In Defense of Free Speech

    This past June, the U.S. Supreme Court handed down its decision in 303 Creative v. Elenis. That case involved a website designer named Lorie Smith who believed that a provision of the Colorado Anti-Discrimination Act violated her rights under the First Amendment of the U.S. Constitution. Specifically, Smith believed that CADA compelled her to create speech contrary to her personal convictions.

    The Supreme Court found in Smith’s favor, ruling: “The First Amendment prohibits Colorado from forcing a website designer to creative expressive designs speaking messages with which the designer disagrees.”

    In this episode of the Influence Podcast, I’m talking with Kristen Waggoner, who successfully argued Lorie Smith’s case before the U.S. Supreme Court.

    I’m George P. Wood, executive editor of Influence magazine and your host.

    Kristen Waggoner is CEO, president, and general counsel of Alliance Defending Freedom, the world’s largest Christian legal organization. Waggoner and the ADF team serve as legal counsel to The General Council of the Assemblies of God as a part of ADF’s church and ministry alliance program. She is an AG layperson.

    —————

    This episode of the Influence Podcast is brought to you by My Healthy Church, distributors of Bible Engagement Project.

    A subscription to Bible Engagement Project equips you with kids curriculum for elementary and preschoolers and small group resources for youth and adults. The curriculum library will give your church a deeper understanding of the Bible and help every age grow in their faith. The resources are available in English and Spanish.

    Visit BibleEngagementProject.com to download sample lessons.

    Supreme Court's Historic Free Speech and Student Debt Decisions, with Charles C.W. Cooke, Judge Amul Thapar, Kristen Waggoner, and More | Ep. 579

    Supreme Court's Historic Free Speech and Student Debt Decisions, with Charles C.W. Cooke, Judge Amul Thapar, Kristen Waggoner, and More | Ep. 579

    It's another day of historic Supreme Court decisions. Megyn Kelly is joined by Judge Amul Thapar, author of "The People's Justice," and Charles C.W Cooke of National Review to discuss the Supreme Court’s major decision about the Colorado web designer, how the First Amendment applies to the case, what the landmark decision means for free speech, the massive decision on Biden’s "student loan forgiveness" plan, the importance of separation of powers, hysterical reaction from MSNBC, why Justice Clarence Thomas has a "strong black voice" and the horrible smears against him, Biden's "normal court" comment, and more. Then Kristen Waggoner, CEO of Alliance Defending Freedom, joins to discuss her client's victory, how the use of pronouns can be forced speech, what comes next for ADF, and more. And "Chicks on the Right" hosts Amy Jo Clark and Miriam Weaver join to discuss Dylan Mulvaney speaking out about the Bud Light "brand deal," Bud Light's “cowardice" and the problem when companies go woke, alleged sexual assaults in gender-neutral bathrooms, the latest on trans men in women's prisons, how important it is to use your voice, and more.


    Thapar: https://www.amazon.com/Peoples-Justice-Clarence-Constitutional-Stories/dp/1684514525/

    Cooke: https://charlescwcooke.com

    Waggoner: https://adflegal.org/

    Chicks on the Right: https://chicksonright.com/links/

     

    Follow The Megyn Kelly Show on all social platforms:

     

    YouTube: https://www.youtube.com/MegynKelly

    Twitter: http://Twitter.com/MegynKellyShow

    Instagram: http://Instagram.com/MegynKellyShow

    Facebook: http://Facebook.com/MegynKellyShow

     

    Find out more information at:
     

    https://www.devilmaycaremedia.com/megynkellyshow

    A Clash Between Religious Faith and Gay Rights

    A Clash Between Religious Faith and Gay Rights

    The Supreme Court delivered another major decision this past week, ruling in favor of a web designer who said she had a First Amendment right to refuse to create wedding websites for same-sex couples.

    Adam Liptak, a Times correspondent who covers the court, explains what the ruling might mean for all kinds of different groups of Americans.

    Guest: Adam Liptak, who covers the United States Supreme Court for The New York Times.

    Background reading: 

    For more information on today’s episode, visit nytimes.com/thedaily. Transcripts of each episode will be made available by the next workday.