Merits Case Pages and Archives
The Court issued additional orders from the November 24 Conference on Monday. On Tuesday the Court released its opinion in OBB Personenverkehr AG v. Sachs. The Court also heard oral arguments on Monday and Tuesday mornings and will hear oral arguments again on Wednesday at 10 a.m. The hearing list for the December sitting is here. On Friday the Justices will meet for their December 4 Conference; our list of “petitions to watch” for that Conference is available here.
- Zubik v. Burwell
Does the availability of a regulatory method for nonprofit religious employers to comply with the HHS contraceptive mandate eliminate the substantial burden on religious exercise in violation of RFRA that the Court recognized in Burwell v. Hobby Lobby Stores, Inc.?
- Whole Woman’s Health v. Cole
Whether, when applying the “undue burden” standard of Planned Parenthood v. Casey, the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State’s interest in promoting health - or any other valid interest.
- Evenwel v. Abbott
Does the "one-person, one-vote" principle require states to use voter population, as opposed to total population, when drawing state legislative districts?
- Friedrichs v. California Teachers Association
Are public-sector "agency shop" agreements unconstitutional under the First Amendment?
- Fisher v. University of Texas at Austin
Does the use of racial preferences in undergraduate admissions by the University of Texas violate the Equal Protection Clause?
- Zubik v. Burwell
- France v. United States Whether disability payments are “earnings” within the meaning of Section 303 of the Consumer Credit Protection Act, as applicable under the Mandatory Victims Restitution Act.
- Hill v. Curtin (1) Whether it is an unreasonable application of clearly established federal law to deny the right of self-representation at trial where doing so was not necessary to further any valid government interest; and (2) whether the Michigan Supreme Court’s purported factual finding that granting petitioner’s Faretta request would have caused disruption, undue inconvenience, and burden was objectively unreasonable.
- Lizcano v. Texas Whether Texas's standard for determining if a capital defendant meets the second prong of the definition of intellectual disability (“deficits in adaptive functioning”) violates the Eighth Amendment in light of Atkins v. Virginia and Hall v. Florida.
Conference of December 4
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Chief Justice John Roberts says, “‘History didn’t end in 1965.’ But, what he misses is that voter suppression didn’t end in 1965, either . . . . This particular part of the Voting Rights Act that he didn’t like, Section 5, it blocked 3000 discriminatory voting changes from 1965 to 2013.” In this excerpt from the four-part GOVERNINGWorks interview, Ari Berman […]
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