In a 5-4 decision the Supreme Court has ruled that partisan gerrymandering is not unconstitutional.
The majority ruled that gerrymandering is outside the scope and power of the federal courts to adjudicate. The issue is a political one, according to the court, not a legal one.
“Excessive partisanship in districting leads to results that reasonably seem unjust,” wrote Chief Justice John Roberts in the majority decision. “But the fact that such gerrymandering is incompatible with democratic principles does not mean that the solution lies with the federal judiciary.” Continue reading →
Demonstrators gathered outside the U.S. Supreme Court Tuesday as the court heard arguments regarding the Trump administration’s attempt to add a citizenship question to the U.S. census. (Photo: @CensusCounts/Twitter)
Civil rights advocates decried the Trump administration’s attack on immigrant rights and marginalized communities Tuesday as the Supreme Court heard arguments regarding the potential addition of a citizenship question to the 2020 census.
The nation’s highest court began deliberating Commerce vs. New York, hearing from a number of rights groups who oppose Commerce Secretary Wilbur Ross’s effort to add the question, “Is this person a citizen of the United States?” to the 10-year survey of all U.S. residents. Continue reading →
The Supreme Court will decide in 2019 whether a Virginia law that bans uranium mining is preempted by the Atomic Energy Act, the U.S. law governing the processing and enrichment of nuclear material.
The case, Virginia Uranium, Inc. v. Warren, will require the court to interpret laws governing nuclear fuel production. But its most significant, long-term impact might be the glimpse it provides into the court’s view of the proper balance between federal regulatory power and the rights of states in setting their own policies. Continue reading →
MintPress speaks with legal expert and law professor Ryan Alford, who warns that hidden within the recent Supreme Court ruling on the Trump administration’s “Muslim travel ban” is a massive power giveaway to the executive branch that allows any president to order the mass detention of American citizens without worrying about a challenge from the courts.
Though the recent Supreme Court ruling on Trump vs. Hawaii, which upholds President Trump’s “Muslim ban,” has been widely covered by the press, very few outlets – if any – have explored some truly unnerving implications hidden within the court’s majority opinion. In order to explore these implications further, MintPress spoke to Ryan Alford, Associate Professor at the Bora Laskin Faculty of Law and author of Permanent State of Emergency: Unchecked Executive Power and the Demise of the Rule of Law.
MPN: Chief Justice Roberts, who wrote the majority opinion, talks a lot about whether the judicial branch even has the authority to rule over executive orders like Trump’s so-called “Muslim ban.” Is he accurate in asserting that the Supreme Court has limited authority in this matter or is this another power giveaway to the executive branch? Continue reading →
The Supreme Court recently decided that Trinity Lutheran Church should be eligible for a Missouri state grant covering the cost of recycled playground surfaces. Though the state originally rejected the church’s application on grounds of separation of church and state, the Supreme Court ruled that this rejection was, in fact, religious discrimination.
The case’s impact will probably reach well beyond playgrounds.
As a scholar of education law, I’ve been following the Trinity Lutheran case and what it could mean for the hottest issue in education: school choice. Where in the past states have decided for themselves whether religious schools are eligible for school vouchers and scholarship tax credits, the Trinity Lutheran decision likely signals that the Supreme Court will soon require states to include religious private schools in their programs. Continue reading →