Justices to Consider Procedure in Birthright Citizenship Suit
The Supreme Court will sit for a special session May 15 to hear a challenge to President Donald Trump's birthright citizenship order.
The merits, however, are not before justices at this time. Instead, the court will consider the scope of relief temporarily available to the parties, and in particular whether federal district courts can enjoin a policy nationwide as to all persons affected.
Joining Cases and Controversies hosts Kimberly Robinson and Greg Stohr is University of Virginia law professor Amanda Frost, a leading expert on both birthright citizenship and so-called nationwide injunctions.
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20:55
Supreme Court Debates Bid for First Religious Charter School
The Supreme Court heard the last in a trio of cases over religious rights with the justices appearing to split long largely ideological lines.
During arguments April 30 in Oklahoma Statewide Charter School Board v. Drummond, the justices considered a virtual school's bid to become the nation's first religious charter school.
Cases and Controversies hosts Lydia Wheeler and Kimberly Robinson say the case seems to turn on Chief Justice John Roberts.
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21:19
Justices Focus on Meaning of LGBTQ Books in Religious Rights Row
US Supreme Court justices spent a lot of time last week discussing the meaning of LGBTQ-themed books that parents in a Maryland public school district say interfere with the religious rearing of their children.
One book, “Uncle Bobby’s Wedding,” was a focal point of the April 22 arguments in Mahmoud v. Taylor. The justices questioned whether mere exposure to things a parent disagrees with burdens their religious rights.
Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler take listeners through the proceedings and why they signal the parents are likely to win this case against books Montgomery County Public Schools say are meant to foster mutual respect for others in a pluralistic educational community.
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14:49
Obamacare Is Back at Supreme Court in Preventive Care Fight
Obamacare is back before the Supreme Court in a challenge to its no-cost coverage requirements for certain preventive health services.
The justices will weigh the constitutionality of the US Preventive Services Task Force, which recommends the tests and treatments insurers should cover, when they return to the bench on Monday for the April sitting.
If the lower court's decision is upheld, "it is possible, given the posture of the case, that over 150 million Americans lose free coverage of hundreds of benefits," said Sara Rosenbaum, an emerita professor of health law and policy at George Washington University.
Rosenbaum joins Cases and Controversies hosts Greg Stohr and Lydia Wheeler to talk about why the case is more about power than it is public health and what's at stake if the court does away with the insurance coverage that’s caught in its crosshairs.
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19:22
Justices Walking 'Tightrope' With Modest Trump Victories
The US Supreme Court's attempt to avoid a confrontation with President Donald Trump has real world costs, said Georgetown Law professor Stephen Vladeck.
Vladeck spoke with Cases and Controversies hosts Kimberly Robinson and Greg Stohr about the flurry of recent rulings from the justices in emergency requests involving the administration's policies.
The majority of the justices have been careful not to be overly critical of the president and have at times granted him "modest procedural wins," Vladeck said. But those efforts have real world costs, he added.
Vladeck pointed to the court's recent action, lifting a temporary pause on the deportation of alleged Venezuelan gang members.
"The question is, how long can the justices get away with walking this tightrope before they're actually sacrificing too much in the name of not unduly provoking the confrontation with Trump," Vladeck said.
Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.
Bloomberg Law's Cases and Controversies brings you the latest from the Supreme Court. Each week we preview oral arguments at the Court or feature in-depth interviews. We explore critical legal issues with Supreme Court advocates, judges, law professors, lawyers, and legal journalists. Hosts: Kimberly Robinson, Greg Stohr, and Lydia Wheeler.