THE CONSTITUTION PROJECT—SUPREME COURT BRIEFING—MARCH 17, 2015
I. KEY DECISIONS
Yates v. United States (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 Free Exercise Clause 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 Equal Protection Clause? 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?