Factbox-U.S. Supreme Court to tackle a raft of new cases
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[September 30, 2022]
(Reuters) - The U.S. Supreme
Court on Monday opens a new nine-month termloaded with important cases
on issues including race, voting rights, religious liberty,
environmental regulation, the power of federal agencies and even Andy
Warhol paintings.
Here is a look at some of the cases that the justices are due to hear
during the term.
RACE-CONSCIOUS STUDENT ADMISSIONS POLICIES
A legal fight coming before the court on Oct. 31 gives its conservative
majority a chance to end affirmative action admissions policies used by
many colleges and universities to increase their numbers of Black and
Hispanic students. A group founded by anti-affirmative action activist
Edward Blum is appealing lower court rulings that upheld race-conscious
admissions programs at Harvard University and the University of North
Carolina. Blum's group accused the schools of discriminating against
applicants on the basis of race in violation of federal law or the U.S.
Constitution. The schools have said they use race as only one factor in
a host of individualized evaluations for admission without quotas to
promote campus diversity.
VOTING RIGHTS ACT
The justices next Tuesday are set to hear arguments in an Alabama case
that threatens to cripple a landmark civil rights law - the Voting
Rights Act, which bars racial discrimination in voting. Alabama is
appealing a lower court's ruling invalidating a map approved by the
state's Republican-controlled legislature drawing the boundaries of the
state's seven U.S. House of Representatives districts. The lower court
found that this map diluted the electoral clout of Black voters in
violation of the Voting Rights Act. The map concentrated Black voting
power in the state into a single district even though Alabama's
population is 27% Black.
JUDICIAL SCRUTINY OF ELECTION LAW
The justices will hear a Republican-backed appeal in a case from North
Carolina that could give state legislatures far more power over federal
elections by limiting the ability of state courts to review their
actions. North Carolina's top court threw out a map approved by the
Republican-controlled state legislature delineating the state's 14 U.S.
House districts. That court determined that the districts were drawn
impermissibly in a manner that boosted electoral chances of Republicans
at the expense of Democrats. The Republican lawmakers in the case are
invoking a contentious legal theory called the "independent state
legislature doctrine" that holds that the Constitution gives
legislatures, not state courts or other entities, authority over
election rules including the drawing of electoral districts. An argument
date is pending.
RELIGIOUS RIGHTS VS. LGBT RIGHTS
A major new legal fight pitting religious beliefs against LGBT rights is
headed to the justices. The case involves an evangelical Christian web
designer's free speech claim that she cannot be forced under a Colorado
anti-discrimination law to produce websites for same-sex marriages. A
lower court rejected business owner Lorie Smith's bid for an exemption
from a Colorado law barring discrimination based on sexual orientation
and certain other factors. An argument date is pending.
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The U.S. Supreme Court building is seen
in Washington, U.S., June 26, 2022. REUTERS/Elizabeth Frantz/File
Photo
NATIVE AMERICAN ADOPTION LAW
The justices on Nov. 9 will hear a dispute over the legality of
federal requirements giving Native American families priority to
adopt Native American children. The challenge is being pursued by a
group of non-Native American adoptive families and the
Republican-governed state of Texas. President Joe Biden's
administration and several Native American tribes are defending the
1978 law at issue, which aims to reinforce tribal connections by
placing Native American children with relatives or within their
communities.
ANDY WARHOL PAINTINGS
The justices on Oct. 12 are set to hear a copyright dispute between
a photographer and Andy Warhol's estate over Warhol's 1984 paintings
of rock star Prince. The case could help clarify the circumstances
under which artists can make use of the work of others. The Andy
Warhol Foundation is appealing a lower court's ruling that his
paintings - based on a photo of Prince that photographer Lynn
Goldsmith shot for Newsweek magazine in 1981 - were not protected by
the copyright law doctrine called fair use that permits unlicensed
use of copyright-protected works under certain circumstances. Warhol
died in 1987.
ENVIRONMENTAL REGULATIONS
The justices on Monday will consider whether to limit the scope of a
landmark federal environmental law - the Clean Water Act of 1972 -
as they take up for a second time a married Idaho couple's bid to
build a home on property that the U.S. government has deemed a
protected wetland. The U.S. Environmental Protection Agency in 2007
determined that the property owners were required to obtain a permit
under the Clean Water Act before beginning construction, which they
had failed to do.
U.S. SEC IN-HOUSE TRIBUNAL
The justices on Nov. 7 will hear the U.S. Securities and Exchange
Commission's bid to block a challenge to the constitutionality of
its in-house tribunal. The challenge was brought by a Texas
accountant named Michelle Cochran who the regulatory agency punished
after faulting her audits of publicly traded companies. A lower
court rejected the SEC's argument that Cochran could not contest the
constitutionality of the tribunal's judges in federal court before
the end of the agency's administrative enforcement proceeding
against her.
U.S. FTC'S STRUCTURE
Axon Enterprise Inc's bid to revive its challenge to the
constitutionality of the Federal Trade Commission's structure -
aimed at countering an antitrust action by the agency against the
Taser manufacturer - also goes before the justices on Nov. 7. The
company is appealing after a lower court threw out the case.
(Compiled by Andrew Chung and Nate Raymond; Editing by Will Dunham)
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