The Supreme Court today granted review in two same-sex marriage cases. The Court will consider a challenge to the Federal Defense of Marriage Act and California’s ban on same-sex marriages (commonly known as Prop. 8). The Court could decide the cases several ways, but it will consider whether the Fourteenth Amendment’s Equal Protection clause requires that states permit same-sex marriage.
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Court Considering Same-sex Marriage Challenges
At their conference today, the justices of the Supreme Court are considering which of several cases challenging restrictions on same-sex marriage the Court will review, setting the stage for what will likely be the most watched, and potentially most influential, decision this term. SCOTUSblog has an excellent overview of the cases the Court is considering, and the different questions each presents.
An announcement of which cases are granted could come today, or the Court will make the announcement along with its regular orders list Monday morning.
Court to Review Voting Rights Act
The Court on Friday agreed to review the Voting Rights Act, a landmark piece of legislation originally passed during the civil rights era. The Court will focus on whether a core provision of the act, requiring certain states with a history of racial discrimination to submit any changes in election laws to the Federal government for review, exceeds Congress’ authority.
The case is Shelby County v. Holder.
Florida v. Jardines – Dog Sniff Searches at Homes
Prof. Douglas Godfrey discusses Florida v. Jardines, a Fourth Amendment case and the second of two cases heard by the Court this week concerning drug-detecting police dogs.
Florida v. Harris – Dog Sniff Searches and Probable Cause
Case:
The Court is expected to hear two cases this week dealing with the use of police dogs trained to detect drugs. Prof. Sanford Greenberg discusses the first of these cases, Florida v. Harris.
All 2011 Opinion Announcements Available
Oyez has posted audio recordings and transcripts of the opinion announcements from the bench for every case in the 2011 term. The collection includes the announcements and dissents from the bench in the momentous cases involving the Affordable Care Act and the Arizona immigration law.
The announcements are also available as podcasts via Oyez’s iTunes U page.
Fisher v. University of Texas – The Arguments
Case:
The Court will release the audio recording of the arguments in yesterday’s widely followed affirmative action case on Friday. Below, Profs. Carolyn Shapiro and Sheldon Nahmod discuss the arguments made by each side in this case.
Fisher v. University of Texas – Case Background
2011 Major Opinion Announcements Posted
The Court today released recordings of its opinion announcements for the 2011 term. Oyez is in the process of posting these. Last term’s major cases are now available, including:
— The Affordable Care Act Cases
Transcripts of the opinion announcements are forthcoming, as well.
Kiobel v. Royal Dutch Petroleum
Case:
Kiobel v. Royal Dutch Petroleum
The Court’s very first argument of the 2012 term deals with one of America’s oldest laws. Prof. Bartram Brown discusses.