This week, the Supreme Court has been presented with petitions involving issues such as whether the establishment clause requires the removal or destruction of a 93-year-old memorial to American servicemen who died in World War I solely because the memorial bears the shape of a cross; and whether public school teachers and coaches retain any First Amendment rights when at work and “in the general presence of” students.

The petitions of the week are:

17-1703

Issue: Whether, under the “safe alternatives policy” of Section 612 of the Clean Air Act, the Environmental Protection Agency lacks authority to prohibit the use of a less-safe substitute for an ozone-depleting substance in favor of a safer alternative, just because a company has already begun using the less-safe substitute.

18-2

Issue: Whether the Environmental Protection Agency has authority under Section 612 of the Clean Air Act to prohibit the use of dangerous but non-ozone-depleting substitutes by any person, including by product manufacturers who began using such substitutes before the EPA placed them on the prohibited list.

18-18

Issue: Whether the establishment clause requires the removal or destruction of a 93-year-old memorial to American servicemen who died in World War I solely because the memorial bears the shape of a cross.

17-1717

Issues: (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. KurtzmanVan Orden v. PerryTown of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.

18-3

Issues: (1) Whether Section 302(e) of the Labor Management Relations Act, 29 U.S.C. § 186(e), provides for a private right of action; and (2) whether a labor organization violates its duty of fair representation by refusing to honor, at the end of the next applicable irrevocability period, employees’ check-off authorization revocations that are not sent during an annual, 15-day window period and by certified mail.

18-12

Issue: Whether public school teachers and coaches retain any First Amendment rights when at work and “in the general presence of” students.

Posted in Honeywell Int'l Inc. v. Mexichem Fluor Inc., Natural Resources Defense Council v. Mexichem Fluor Inc., Maryland-National Capital Park and Planning Commission v. American Humanist Association, The American Legion v. American Humanist Association, Ohlendorf v. Local 876, United Food & Commercial Workers Int'l Union, Kennedy v. Bremerton School District, Cases in the Pipeline

Recommended Citation: Aurora Barnes, Petitions of the week, SCOTUSblog (Jul. 16, 2018, 5:30 PM), http://www.scotusblog.com/2018/07/petitions-of-the-week/