THE —SUPREME COURT BRIEFING—MARCH 17, 2015

I. KEY DECISIONS

 Yates v. (Feb. 25, 2015): o 18 U.S.C. § 1519’s reference to “tangible objects” doesn’t include the destruction of a fish designed to impede a federal investigation.  Dep’t of Homeland Security v. MacLean (Jan. 21, 2015): o Exemption from federal whistleblower protection statute for “disclosures prohibited by law” doesn’t apply to disclosures by fired TSA Air Marshal that, at most, violated agency regulations.  Holt v. Hobbs (Jan. 20, 2015): o State policy that prevents a Muslim prisoner from growing a half-inch beard in accordance with his religious beliefs violates the Religious Land Use and Institutionalized Persons Act (RLUIPA).

II. IMPORTANT CASES ALREADY ARGUED

 Zivotovsky v. Kerry (argued Nov. 3, 2014): o Does Congress have the power to require the State Department to identify Jerusalem as being in “Israel” on U.S. passports despite longstanding Executive Branch practice to the contrary?  Ala. Legislative Black Caucus v. Alabama (argued Nov. 12, 2014): o Do Alabama’s legislative redistricting plans unconstitutionally classify black voters by race by intentionally packing them in districts designed to maintain supermajority percentages?  Elonis v. United States (argued Dec. 1, 2014): o Does a conviction for a threatening Facebook post require proof of the Δ’s subjective intent to threaten, or only proof that a “reasonable person” would regard that statement as threatening?  Young v. United Parcel Serv. (argued Dec. 3, 2014): o Does the Pregnancy Discrimination Act require employers who provide accommodations to non-pregnant employees with work limitations to provide similar accommodations to pregnant employees with analogous limitations?  Reed v. Town of Gilbert (argued Jan. 12, 2015): o Does it violate the of the First Amendment for a town to impose different size requirements for religious signs as compared to non-religious signs?  Williams-Yulee v. The Florida Bar (argued Jan. 20, 2015): o Does a rule of judicial conduct that prohibits candidates for judicial office from personally soliciting campaign funds violate the First Amendment?  Tex. Dep’t of Housing & Cmty. Affairs v. TICP, Inc. (argued Jan. 21, 2015): o Are disparate-impact claims cognizable under the Fair Housing Act?  King v. Burwell (argued Mar. 4, 2015): o Can the IRS promulgate regulations to extend tax-credit subsidies to health insurance coverage purchased through exchanges established by the federal government as opposed to those established by the states?

III. UPCOMING ARGUMENTS

 Obergefell v. Hodges (to be argued Apr. 2015): o Do state bans on gay marriage violate the ? And, either way, must a state recognize gay marriages lawfully licensed and performed out-of-state?  Glossip v. Gross (to be argued Apr. 2015): o When, if ever, will lethal injection drug protocols violate the Cruel and Unusual Punishment Clause of the Eighth Amendment?