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07 May Argument analysis: Justices skeptical of robocall law, but appear to want to keep it
The Supreme Court heard oral argument yesterday in Barr v. American Association of Political Consultants. The case is one of a handful this spring that, because of the pandemic, the court is hearing by telephone with the public listening in. That’s perhaps fitting because the...
07 May Thursday round-up
Amy Howe analyzes yesterday’s argument in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, a challenge to the government’s expansion of the “conscience exemption” to the Affordable Care Act’s birth-control mandate, for this blog, in a post that first appeared at...
06 May Wednesday round-up
This morning the justices have two cases on their telephonic-argument agenda. First up is Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, a challenge to the government’s expansion of the “conscience exemption” to the Affordable Care Act’s birth-control mandate. Amy Howe...
05 May Argument analysis: Justices debate constitutionality of funding condition by phone
In 2013, the Supreme Court ruled, by a vote of 6-2, that a provision in a federal law that requires organizations receiving funds to combat HIV/AIDS to “have a policy explicitly opposing prostitution and sex trafficking” violates the First Amendment when applied to nongovernmental organizations...
05 May Tuesday round-up
On this second day of this unusual May session, the justices will hear – literally, only hear – oral argument in USAID v. Alliance for Open Society International, a First Amendment challenge to the enforcement against overseas groups of a requirement that recipients of federal...
30 Apr Courtroom access: No “performances,” just a “massive civics lesson” when supreme courts overseas live-stream their hearings
Editor’s note: On April 13, the Supreme Court announced that it would conduct 10 oral arguments via telephone conference on several days in May in cases whose oral argument dates had been postponed due to the COVID-19 pandemic, and that it would make an audio...
30 Apr Argument preview: Justices to consider what makes a minister a minister (Corrected)
Eight years ago, in a case called Hosanna-Tabor Lutheran Church and School v. EEOC, the Supreme Court recognized a “ministerial exception” to employment discrimination laws, reflecting the idea that religious institutions normally have the sole right to determine who can act as their ministers. The...
28 Apr Courtroom access: Field trip diaries
Editor’s note: On April 13, the Supreme Court announced that it would conduct 10 oral arguments via telephone conference on several days in May in cases whose oral argument dates had been postponed due to the COVID-19 pandemic, and that it would make an audio...
