The U.S. Supreme Court is set to hear a groundbreaking case that could pave the way for the nation’s first religious charter school. At the heart of the dispute is St. Isidore, a Catholic online school in Oklahoma, challenging a state ruling that blocked its bid to operate as a charter school, raising critical questions…
Tag: First Amendment
Special Report: TikTok Supreme Court Arguments
Last week the Supreme Court listened to arguments on the constitutionality the Protecting Americans from Foreign Adversary Controlled Applications Act, which would require TikTok to shut down unless its Chinese parent company, ByteDance, sells it by January 19, 2025, citing national security concerns. TikTok and its users argue that the law infringes on their First…
Moody v. NetChoice, LLC: New Dimensions of First Amendment Jurisprudence
As we all await the decision on Moody v NetChoice, we ran the oral argument and the transcript against our Optimized Legal Audio (OLA) platform to see what it ascertained about the justices’ leanings. The conclusions show possible surprises that appear consistent with our suppositions of votes in other cases yet to be decided. To…
The Most Harmony at the Beginning of a Term in the Modern Supreme Court
The Supreme Court has heard somewhere in the neighborhood of 60-70 oral arguments per term since Justice Kavanaugh joined the Court in the 2018 term. This is well more than 100 fewer arguments than the Court heard at the highest point of arguments per term around the first few decades of the 1900’s. That time…
Zubik and the Free Exercise Context
(image via The Atlantic) One of the most anticipated decisions of the current Supreme Court Term is forthcoming in the case Zubik v. Burwell. Zubik follows in the footsteps of another recent case: Hobby Lobby v. Burwell, 134 S.Ct. 2751 (2014). Both cases deal with First Amendment challenges under the Religious Freedom Restoration Act (RFRA) to…