on Aug 1, 2011 at 9:12 am
This weekendâ€™s coverage focused on cases that may be making their way to the Court.
In the Washington Post, Robert Barnes reports on two recent cases â€“ hailing from the Fifth and Sixth Circuits â€“ involving affirmative action in education.Â Barnes notes that although Justice Oâ€™Connor in Grutter v. Bollinger established an â€œexpiration dateâ€ for affirmative action, the cases â€œhave raised the prospect that the issue will return to the high court far ahead of Oâ€™Connorâ€™s timeline.â€Â Â
At the First Amendment Center, David Hudson, Jr. describes the petition in Doninger v. Niehoff, seeking review of a decision by the Second Circuit holding that school officials enjoyed qualified immunity from suit for their decisions to punish a high school student for comments that she made online and to prohibit other students from wearing shirts that expressed support for the punished student.Â The Second Circuitâ€™s decision conflicts with decisions by the Third Circuit holding that school officials can exceed their authority when they punish students for off-campus, online speech that does not cause a substantial disruption at school.
At this blog, Lyle Denniston expands on an earlier post describing the first significant cert. petition to challenge the constitutionality of a provision in the Affordable Care Act requiring all individuals to obtain health insurance by 2014.