Great Supreme Court End of Term Show! – News Block

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Mike and May open this episode of SCOTUS with a discussion of the Court’s ruling in the big affirmative action case, Students for Fair Admission v Harvard. Both Mike and May agree with the Court’s decision, with Mike noting that while he, like most liberals, is a big supporter of diversity, he doesn’t think Harvard’s and UNC’s diversity plans will pass the test. strict scrutiny test correctly applied here.

They then move to LGBT/1^street judgment of amendment in 303 Creative LLC v. Elenis. Mike sides with dissenters who argued that Colorado’s anti-discrimination law only incidentally affects speech, while May believes the majority was correct in seeing that the law unconstitutionally requires website designer Lorie Smith to promote viewpoints. with whom you disagree.

Then is the Court’s ruling on the theory of the independent state legislature in Moore vs. Harper. Mike doesn’t think the Court should have taken the case in the first place for contentious reasons, but he thinks the coalition of three conservatives and three liberals in the majority were right to rule against the theory. May notes that the Court did not provide much guidance as to the scope of state judicial review of election laws, which is likely to mean more lawsuits in the future.

close with Biden vs. Nebraska, in which the Court invalidated the Biden administration’s student debt relief plan. Mike is with the dissenters on this case, arguing that the administration was within the legal authority granted by Congress, while May argues that the majority was correct in her view that the authority to “waive” in the legislation does not give the administration the authority to simply forgive massive amounts of student loan debt. (More May on that here.)

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