SCOTUS REJECTS RACIAL STEREOTYPES | Every Dog Has Its Day | Ivanka @ SCOTUS This Morning
February 22, 2017
FOR WHAT YOU DO, NOT WHO YOU ARE
|Today, the U.S. Supreme Court rejected the use of “racial stereotypes” in death penalty cases, reopening the case of a black man in Texas who was sentenced to die after his jury was told African Americans are more likely than whites to commit crimes. The justices voted 6-2 in favor of inmate DUANE BUCK, with CHIEF JUSTICE JOHN ROBERTS writing for the court. Buck has been trying for years to get federal courts to look into his claim that his rights were violated when a defense expert witness said that he was more likely to be dangerous in the future because he is black. Chief Justice Roberts said the testimony “appealed to the racial stereotype that black men are prone to violence.” He noted, “Our laws punish people for what they do, not for who they are.”
EVERY DOG HAS ITS DAY
|Today, the justices ruled in favor of EHLENA FRY and her adorable goldendoodle, WONDER. Fry is a 13-year-old girl with cerebral palsy whose family has been fighting school officials to allow Fry to bring her service dog with her to school. The high court ruled unanimously that federal disability laws might allow the little girl to pursue her case in court without first having to wade through a lengthy administrative process. Writing for the court, JUSTICE ELENA KAGAN said exhausting the administration process is not always required, but that further fact-finding is needed to see whether Fry can pursue her case in court. The judgement comes as a win for advocacy groups hoping to make it easier for disabled students to protect their rights under the Americans Disabilities Act.
SPLIT THE DIFFERENCE?
|Hearing their first case since the Trump administration took over the White House, the justices heard arguments in Hernández v. Mesa — a case involving a border shooting that killed a 15-year-old Mexican boy. However, the eight justices seemed evenly split over whether the parents of the slain teenager can sue the U.S. border agent who killed their son while he stood on the Mexican side of the border. JUSTICE ANTHONY KENNEDY, who surely holds the most important vote in the case, noted during argument: “This is one of the most sensitive areas of foreign affairs where the political branches should discuss with Mexico what the solution ought to be…Isn’t this an urgent matter of separation of powers for us to respect the duty that the executive and the legislative have with respect to foreign affairs?”
ED BOARD OVERTURE
|The Editorial Board of The Wall Street Journal weighed in on yesterday’s case before SCOTUS, noting that a decision giving foreign nationals constitutional protections would “unleash fresh opportunities for lawsuits against everything from drone strikes to interrogation.”
ONE WAY OR ANOTHER
|Yesterday evening, New York Democrat SENATOR KRISTEN GILLIBRAND predicted that one way or another, JUDGE NEIL GORSUCH will be confirmed to the Supreme Court. POLITICO’S Burgess Everett reports on the senator’s comment and the inevitability of Gorsuch’s appointment.
THE LATEST FROM SPICEY
|The Trump administration plans to issue new guidelines on how public schools treat transgender students. Press Secretary SEAN SPICER suggested in a news briefing yesterday that the Justice Department would rescind a policy enacted under PRESIDENT OBAMA to protect transgender students from discrimination and harassment, allowing students to use whichever facilities match their gender identity. But Spicer said, “That is an issue that the Department of Justice and the Department of Education are addressing. I think that there will be further guidance coming from DOJ in particular with respect not just to the executive order but also the case that is in front of the Supreme Court.”
I'LL SEE YOU IN COURT!!!!
|Our tweet du jour comes to us from ROBERT BARNES with The Washington Post. @scotusreporter — “In the #scotus audience today: IVANKA TRUMP, sitting in section reserved for justices’ guests. She was invited by KENNEDY.”
OTHER NEWS
ABA will submit judicial rating for SCOTUS nominee Neil Gorsuch
ABA Journal“The ABA Standing Committee on the Federal Judiciary is in the process of evaluating the U.S. Supreme Court nomination of Judge Neil Gorsuch. The committee will share the rating information with the administration and the Senate Judiciary Committee prior to Gorusch’s hearing.”
How will Trump's Supreme Court nominee rule on California union cases?
The Sacramento Bee“It’s one of several lawsuits that well-funded right-to-work firms are trying to land in front of the U.S. Supreme Court once it gains a full roster of justices, presumably with President Donald Trump’s nominee, Neil Gorsuch.”
U.S. appeals court upholds Maryland's ban on assault rifles
Reuters“A federal appeals court on Tuesday upheld Maryland’s ban on assault rifles, ruling gun owners are not protected under the U.S. Constitution to possess ‘weapons of war,’ court documents showed.”