Supreme Court

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    After the Supreme Court’s Hobby Lobby decision, Congress should consider amending or even repealing the Religious Freedom Restoration Act.

After the Supreme Court’s Hobby Lobby decision, Congress should consider amending or even repealing the Religious Freedom Restoration Act.

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This week saw a sharply divided decision from the United States Supreme Court in Burwell v. Hobby Lobby Stores, Inc. In deciding that corporations are allowed to object to providing health insurance for employees that includes contraceptive coverage on religious grounds under the Religious Freedom Restoration Act (RFRA), the Court’s majority has sided with corporations and religious conservatives and […]

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    U.S. Supreme Court Decides that Digital is Different When it comes to Constitutional Privacy Protections  

U.S. Supreme Court Decides that Digital is Different When it comes to Constitutional Privacy Protections  

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This week, the Supreme Court unanimously concluded that warrants would be necessary for police to search mobile phones. Ellen Goodman argues that the decision could impact the NSA’s gathering of communications metadata and have implications for privacy and freedom of speech.

Continuing and strengthening a trend in U.S. privacy law, the Supreme Court decided on Wednesday that the constitutional prohibition […]

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    The Supreme Court is constrained by public opinion in cases where the justices fear nonimplementation of their decisions

The Supreme Court is constrained by public opinion in cases where the justices fear nonimplementation of their decisions

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With each controversial case they hear, questions arise about the influence of public opinion on the Supreme Court. Matthew Hall examines the types of cases where the Supreme Court appears constrained, and finds when a ruling must be implemented by government actors outside the judicial hierarchy, external pressures exert a stronger influence on the Court. He argues that nonimplementation […]

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    In the long run, the Supreme Court leads public opinion on controversial issues

In the long run, the Supreme Court leads public opinion on controversial issues

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It has always been a matter of debate if Supreme Court rulings consolidate opposition to an issue or lead to greater public acceptance of it. Using a statistical model of the American “policy mood” after major rulings, Joseph Ura finds that, while there may be a short-term backlash immediately after a decision, public opinion in the long run tends to […]

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    Supreme Court cases over the “contraceptive mandate” are dominated by issues of corporate personhood, religious beliefs, and sexual equality

Supreme Court cases over the “contraceptive mandate” are dominated by issues of corporate personhood, religious beliefs, and sexual equality

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This spring, the Supreme Court will hear two cases about the legality of the so-called “contraceptive mandate” in Obamacare, which obliges employer-sponsored health insurance to cover the costs of contraception. Ruthann Robson explains that these cases unite issues of corporate personhood, religious beliefs, sexual equality, and the role of the government. She argues that in order to resolve these conflicts, […]

The U.S. Supreme Court’s ruling on Obamacare illustrates the weak nature of legal limits placed on the exercise of EU powers

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U.S. health care reform has generally been viewed as having only indirect relevance for European countries. Frank Vibert argues, however, that if the legal basis for Obamacare’s Supreme Court approval is interpreted as a guide for court rulings on the enumeration of powers, it should be of great concern to Europeans. He concludes that a possible lesson for the EU […]

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