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Good morning. Today we're looking at how the U.S. Supreme Court has leaned into America's culture wars with its rulings in trans rights cases. Plus, SCOTUS will issue orders this morning; the suspect in the shooting death of Minnesota Assemblywoman Melissa Hortman and her husband is due in court; and an ABA proposal is facing sharp criticism from educators. I'm off tomorrow for the holiday. Have a great weekend! |
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The U.S. Supreme Court's latest term was bursting with fodder for America's culture wars, few more so than in three cases touching on transgender rights. Here's what to know: |
- This term the court upheld a ban in Tennessee on medical treatments for minors with gender dysphoria (opinion here), allowed President Trump's prohibition on transgender people in the U.S. military to take effect and permitted parents to keep their children out of classes when storybooks with LGBTQ+ characters are read (opinion here). All three liberal justices dissented in these cases.
- On Monday, the court threw out judicial decisions that favored transgender people in cases from North Carolina, West Virginia, Idaho and Oklahoma, ordering lower courts to reconsider their decisions in light of its ruling in the Tennessee case. Read more about that here.
- These outcomes, along with other decisions that split along ideological lines to back restrictions on Planned Parenthood (opinion here) and limits on access to online pornography (opinion here), showed the court majority's willingness to rule on polarizing matters as the court continues to steadily push U.S. law to the right.
- Some legal scholars said the rulings were all but predictable given the make up of the court, which has a 6-3 conservative majority, and the alignment of outcomes with Republican priorities. "They are not umpires in this war; they are culture warriors," University of Chicago constitutional law professor Mary Anne Case, said of the court's conservatives. Read more here.
- But not all the disputes this term starkly divided the court. Even in areas where the court can easily cleave along ideological lines - such as gun rights and religion - the conservative and liberal justices found common ground with the outcome. Read more about that here.
- Next term, which starts in October, the court could hear another major transgender rights issue involving challenges to state laws that ban transgender athletes from female sports teams in public schools. More orders on what the court could hear next term are expected this morning.
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- U.S. District Judge Fernando Olguin in Los Angeles will consider whether to adopt a court-appointed special master's conclusion that the DOJ does not have evidence to support its billion-dollar fraud case accusing UnitedHealth Group of keeping overpayments from the government for patients on its Medicare insurance plans. Read the special master recommendation here.
- A preliminary court hearing will be held in St. Paul, Minnesota, for the suspect in the shooting death of Democratic State Assemblywoman Melissa Hortman and her husband, as well as the shooting of state Senator John Hoffman and his wife.
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Court calendars are subject to last-minute docket changes. |
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That's how many counts of transportation to engage in prostitution Sean "Diddy" Combs was convicted of by a jury on Wednesday. The verdict was an overall win for Combs who was cleared on three other charges, including sex-trafficking and racketeering, that could have put him behind bars for life. Combs was denied bail and will remain in jail ahead of his sentencing. Read more. |
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"That comprehensive legislation so thoroughly covers the entire subject of abortion that it was clearly meant as a substitute for the 19th century near-total ban on abortion."
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—Wisconsin Supreme Court Justice Rebecca Dallet writing for the court, which ruled that a 1849 state law banning abortion in virtually all cases cannot be enforced, rejecting claims that it was revived after a landmark U.S. Supreme Court ruling three years ago. In a 4-3 decision, the court agreed with Wisconsin AG Josh Kaul's argument that while the 1849 law has never been formally repealed, it was effectively nullified by more recent laws and regulations including the state's 20-week abortion ban. Read the opinion. |
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- U.S. District Judge Randolph Moss in D.C. blocked President Trump's asylum ban at the U.S.-Mexico border, saying Trump exceeded his authority when he issued a proclamation declaring illegal immigration an emergency and setting aside the legal process. Read the 128-page opinion.
- The Trump administration asked the U.S. Supreme Court to block a judge's ruling that said it unlawfully removed three Democratic members of the U.S. Consumer Product Safety Commission and must reinstate them. Read the filing.
- U.S. District Judge Brian Murphy in Boston raised the possibility that he could continue to block the U.S. Department of Defense from sharply cutting federal research funding provided to universities throughout the country even after the U.S. Supreme Court's decision curtailing lower courts' ability to issue nationwide injunctions. Read more about the hearing.
- The 2nd Circuit revived part of a lawsuit accusing the Federal Reserve Bank of New York of illegally firing two longtime employees who claimed religious objections against COVID-19 vaccinations. Read the decision.
- In another decision, the 2nd Circuit reinstated the convictions of a former Fox executive and an Argentine sports marketing company for trying to bribe soccer officials in exchange for lucrative broadcasting contracts. Read the decision.
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Retired California Court of Appeal justice Richard Aldrich, now a mediator at JAMS, explores why resolving disputes outside the courtroom requires more than just legal acumen. Read today's Attorney Analysis. |
Additional writing by Shruthi Krishnamurthy. |
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