Issue: Whether the Third Circuit erred in constructing a new
test for the application of Bethel School District No. 403 v. Fraser that would
prohibit regulation of lewd expression in the
public schools, even in the absence of issue
preclusion; (2) whether the Third Circuit misapplied the narrowest
grounds doctrine to hold that Morse v. Frederick dictated a
modification of the holding in Fraser by creating
a two-part test for regulation of expression
controlled by Fraser; and (3) whether the Third Circuit abused its discretion in failing
to give due deference to school administrators’
objectively reasonable determination that a
sexual double entendre constituted lewd or vulgar
speech which could be prohibited under Fraser.
On Monday at 9:30 a.m. we expect orders from the April 24 Conference. We expect one or more opinions in argued cases at 10 a.m. on Wednesday. We will be live-blogging beginning at 9:45.
This is the second week of the April sitting. On Tuesday the Court will hear oral argument in Obergefell v. Hodges, which is consolidated with three other cases, on the questions of whether the Fourteenth Amendment requires that states grant and/or recognize same-sex marriages. We will be live-blogging updates from the oral argument beginning at 11 a.m.
Glossip v. Gross The constitutionality under the Eighth Amendment of using a sedative as the first drug in a death penalty protocol.