The Right to Discriminate in Historical Perspective

Earlier this week, the U.S. Supreme Court denied certiorari in a New Mexico case involving a photography business that refused to take pictures at a same-sex commitment ceremony. This act of discrimination, according to the state human rights commission, ran afoul of the New Mexico public accommodations law. The couple who owned the photography company claimed that a legal requirement to serve same-sex customers in this context infringed their First Amendment rights. Their argument, in essence, was that in certain circumstances they had a right to discriminate.

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Weekly Roundup – April 9, 2014

Did you miss your Supreme Court news this week? Let our Weekly Roundup help. (To stay on top of the latest Supreme Court happenings, follow ISCOTUS on Twitter.)

What does the campaign finance McCutcheon decision actually mean? Professor Sanford Greenberg of Chicago-Kent College of Law explains

Listen to oral arguments from McCutcheon on Oyez

Goldberg’s swing and miss – ISCOTUS Director Chris Schmidt continues his Drama in the Court series with a former Justice’s embarrassing return to the Court in Flood v. Kuhn

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Baseball and the Supreme Court: Remembering Flood v. Kuhn

To celebrate the opening of a new baseball season, let’s look back to 1972 when baseball had its day (its third day, actually) in the Supreme Court.

Several factors made Flood v. Kuhn such a memorable moment in Supreme Court history. This was a legal challenge to the national pastime, after all, being pursued by one of the game’s star players. It resulted in one of the strangest opinions ever written by a Supreme Court justice, with Justice Blackmun beginning his opinion for the Court with a gushy, overwrought history of the game (including his bizarre listing of “the many names, celebrated for one reason or another, that have sparked the diamond and its environs and that have provided tinder for recaptured thrills”). The case also featured a famously bad oral argument.

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Weekly Roundup – April 3, 2014

Did you miss your Supreme Court news this week? Let our Weekly Roundup help. (To stay on top of the latest Supreme Court happenings, follow ISCOTUS on Twitter.)

The McCutcheon opinion

Learn the facts behind the McCutcheon case from Professor Carolyn Shapiro

Viewpoint bias or safety bias? The High Court heard argument on a case against Secret Service agents from anti-Bush protesters

Transcripts and audio for oral argument in the Hobby Lobby case are available on Oyez

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