Subscript Law

Argument: November 2, 2020 Decision: TBA Petitioners Brief: U.S. Fish and Wildlife Service, et al. Respondent Brief: Sierra Club, Inc. Opinion Below: Ninth Circuit Court of Appeals Ninth Circuit   When does transparency hinder the ability of policy experts to deliberate? This case asks the Supreme Court to determine whether a federal agency must make publicly available certain documents involved in its decision-making process.  An environmental group asked two federal agencies to turn over a set of documents relating to the Environmental Protection Agency’s decision to regulate cooling water intake structures . The EPA regulates these structures because of their potential harmful effects on wildlife: Across the United States, thousands of large industrial facilities, power plants, and other manufacturing and processing complexes draw billions of gallons of water each day from lakes, rivers, estuaries and oceans in order to cool their facilities through co...

Argument: November 4, 2020 Decision: TBD Petitioner Brief: Sharon Fulton, et al. Respondent Brief: City of Philadelphia, et al. Lower Court: Third Circuit Court of Appeals Catholic Foster Agency Seeks To Overturn Important Religious Freedom Precedent  The City of Philadelphia is responsible for providing homes for children requiring foster care. These are children who have been removed from their homes because their parents are facing charges of abuse or neglect.  A person wanting to become a foster parent must be approved by the City. Philadelphia contracts out the task of approving foster families to private organizations. The private organizations (“foster family care agencies”) interview family members, visit homes, and advise the City on whether a foster family should be licensed. Catholic Social Services, A Foster Family Care Agency Catholic Social Services (CSS) is a nonprofit organization which has contracted with Philadelphia as a foster family care a...

Argument: October 14, 2020 Decision: TBA Petitioner Brief: Roxanne Torres Respondent Brief: Janice Madrid; Richard Williamson Opinion Below: Tenth Circuit Court of Appeals   Officers Argue New Mexico Woman was Shot, Paralyzed, but Not Seized In the dark early morning hours of July 15, 2014, Roxanne Torres dropped off a friend at an apartment building. Around the same time, New Mexico police officers Janice Madrid and Richard Williamson arrived in an unmarked car. They were in plain clothes and tactical vests with police indicia. The officers had an arrest warrant for a woman unrelated to Torres. Officers Madrid and Williamson saw Torres parked outside the building and approached the car. The officers reasoned that either Torres was the target of the warrant or knew something about the target. Madrid and Williamson stood on each side of Torres’ car without identifying themselves as police officers. They repeatedly commanded Torres to “Open the door!” and “Show me your ...

Argument: October 6, 2020 Decision: TBA Petitioner Brief: FNU Tanzin, et al. Respondent Brief: Muhammad Tanvir, et al. Opinion Below: Second Circuit Court of Appeals   What’s the Recourse Against Federal Officers Who Violate Your Religious Freedom? The plaintiffs in this case are American Muslim men who were approached by the FBI to act as informants. When asked, some of the men were threatened with deportation and arrest, and in other cases they were promised financial benefits.  Each of the men rejected the offers, telling the federal agents they didn’t have any information and preferred not to spy on their communities. Spying, in fact, is against the Islamic moral code . After saying no, the men were harassed and placed on the federal “No Fly List”, despite that none of them had a criminal record.  The “No Fly List” is a terrorist watchlist administered by the FBI. A person on the list cannot board a plane that starts in, ends in, or flies over the Uni...

Offensive Speech • Unprotected Speech • Permissible Government Restrictions • Levels of Scrutiny • Political Speech What are freedom of speech and expression? The Constitution’s First Amendment gives individuals the right to express themselves. Freedom of speech is a basic form of expression, but the First Amendment covers much more than just speech. An individual can express herself through religious practice; through political speech or actions; by associating with others; by petitioning the government; or by publicizing written speech. Even certain “speech actions” like flag burning are considered protected speech. Free speech and expression are rights against the government. They are not rights against other people. The government — whether federal, state or local — cannot prohibit an individual from expressing herself. That means all laws and policies must treat people equally based on their views. Government agents, from police officers to school board officials, must d...

Argument: October 5, 2020 Decision: TBA Petitioner Brief: John C. Carney, Governor of Delaware Respondent Brief: James R. Adams Court below: Third Circuit Court of Appeals   Delaware’s Attempts to Provide Political Balance in its Judiciary Leave One Independent Feeling Left Out In the late 1800s, Delaware had a problem with political imbalance in the state courts. Delaware high court positions were chosen by the governor of the state, who often chose judges and justices exclusively from his political party.  The Apolitical Judiciary Courts are supposed to be nonpolitical. In many states, like in Delaware, and in the federal government, judges are not elected. Not requiring them to pursue election or reelection allows them to escape the desire to please those who support their campaigns. Judges are meant to read and interpret the law, not to have policy preferences.  Delaware’s Political Balance Provisions Delaware resolved the issue of political imbalanc...