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U.S. Constitution Title: Here are the major questions before the Supreme Court this fall The Supreme Court opens its new term Oct. 2 and will quickly take up major disputes involving President Trump, immigration policy, religious liberty, gay rights and partisan gerrymandering. Here are the major questions before the court this fall: Can President Trump temporarily block the entry of foreign travelers from six majority Muslim nations because they pose a “heightened risk” of terrorism, or is his order unconstitutional because it reflects bias against Muslims and is not based on evidence of a true security threat? The U.S. 9th Circuit Court of Appeals in California and the 4th Circuit in Virginia struck down Trump’s order, but in late June, the Supreme Court revived it in part. It also agreed to hear Trump’s claim of broad power over immigration. But the case may be dismissed as moot because the time limits in the order will have expired by the time arguments are presented. Trump vs. Hawaii and Trump vs. IRAP is scheduled to be heard Oct. 10. Can a baker refuse to make a wedding cake for a gay couple because of his Christian beliefs, or can the state require that businesses open to the public provide “full and equal” services to customers without regard to their sexual orientation? Colorado and 20 other states have civil rights laws that protect gays and lesbians. Trump administration lawyers have urged the court to carve out a “narrow” exception based on the freedom of speech for cake makers, photographers, musicians and others whose work is “expressive.” Masterpiece Cakeshop vs. Colorado is due to be heard in December. When one party controls a state’s government, can it draw election district maps to “entrench” itself in the majority for another decade, even in elections where most voters cast ballots for other party? Since the 1980s, the justices have frowned on “partisan gerrymandering” as unfair and corrupt, but they have not agreed on a rule for when an election map tilts so far as to be unconstitutional. By contrast, the court has outlawed racial gerrymandering, but often the lines between racial and partisan gerrymandering are blurred. The justices will tackle partisan gerrymandering again in a Wisconsin case, Gill vs. Whitford, to be heard on Oct. 3. Can the FBI and police obtain cellphone data to track the movements of a crime suspect because such phone company-held records are not private, or must they first obtain a search warrant based on probable cause from a magistrate? Privacy advocates on the right and left urge the court to strictly protect these records. However, investigators say they sometimes need the data to track travel patterns to identify a crime suspect or a terrorist. Carpenter vs. United States is to be heard in December. Can companies require workers to waive their rights to join any class or collective action against their employer and instead resolve disputes as individuals through binding arbitration? Obama administration lawyers told the court these arbitration clauses were illegal under the National Labor Relations Act of 1935, which said workers had a right to join a union or take “other concerted activities.” In June, the Trump administration switched sides and said these waivers could be enforced under the Federal Arbitration Act of 1925. The court will hear the arguments on Oct. 2 in NLRB vs. Murphy Oil and two related cases. Can noncitizens who are slated for deportation be kept in jail indefinitely, or must they be given a bail hearing after six months? Acting on a class-action suit in Los Angeles, the 9th Circuit Court said such detainees have a right to bail after six months if they pose no danger to the public and are unlikely to flee. The justices heard the government’s appeal in November, shortly after Trump’s election, but could not reach a decision. The case, Jennings vs. Rodriguez, will be argued again Oct. 3, and this time Justice Neil M. Gorsuch can cast the deciding vote. Can states remove voters from their rolls if they fail to vote for two years and do not respond to notices over four years? The 6th Circuit Court agreed with civil rights lawyers who said this procedure in Ohio violated a federal law that says a voter’s registration may not be canceled for “a failure to vote.” Husted vs. A. Philip Randolph Institute is to be heard on November 8. Can New Jersey allow sports betting at its casinos and racetracks, or must it abide by a federal law that prohibits gambling on sports, except in Nevada? The state has lost repeatedly in lower courts, but the justices will hear its appeal in Christie vs. NCAA. Can states require teachers and other unionized public employees to pay a fee to cover the cost of collective bargaining? The court upheld such laws 40 years ago, but anti-union lawyers say these forced payments violate the free-speech rights of workers. The court was set to decide this issue in 2016 in the case of a California teacher, but after Justice Antonin Scalia died, the justices were split 4-4. An Illinois child care worker has a new appeal pending this month. The court has not announced whether it will hear Janus vs. AFSCME. Does the Civil Rights Act of 1964, which forbids employers from discriminating against employees because of their sex, also forbid firing people because of their sexual orientation? Earlier this year, the 7th Circuit Court in Chicago broke new ground when it ruled that federal law forbids job discrimination based on sexual orientation. The 11th Circuit Court in Atlanta reached the opposite conclusion in a case involving a Georgia woman who was pushed out of her job as a hospital security guard because she was a lesbian. Earlier this month she appealed and asked the justices to decide the question in this term. They have not announced whether they will hear Evans vs. Georgia Regional Hospital. Post Comment Private Reply Ignore Thread Top • Page Up • Full Thread • Page Down • Bottom/Latest
#1. To: cranky (#0)
"Not based on a true security threat"????? What planet have YOU been living on,David G Savage? Can a baker refuse to make a wedding cake for a gay couple because of his Christian beliefs, or can the state require that businesses open to the public provide “full and equal” services to customers without regard to their sexual orientation? Buying a business license does NOT make you a slave to the state. Since bakeries are not known as "First Responders that provide life-saving medical care",they have the right to pick and choose their customers in a free nation. Can the FBI and police obtain cellphone data to track the movements of a crime suspect because such phone company-held records are not private.. What part of the words "not private" is it that you have trouble understanding? Can companies require workers to waive their rights to join any class or collective action against their employer and instead resolve disputes as individuals through binding arbitration? No. Doing so would be un-Constitutional. Can noncitizens who are slated for deportation be kept in jail indefinitely, ... Depends on how you define "indefinitely". You are playing word games and trying to imply it is legal to sentence someone to life in prison without a trial. "Indefinite" in this case means until the issue of their illegality is resolved,and since they ARE criminals as well as NOT being citizens,we can do any damn thing with them we want. We did NOT ask them to come here,they violated our laws and invaded us. Can states remove voters from their rolls if they fail to vote for two years and do not respond to notices over four years? Of course. No harm is done since any voter that is still alive and still interested in voting only has to re-register to have his or her voting rights restored. Can New Jersey allow sports betting at its casinos and racetracks, or must it abide by a federal law that prohibits gambling on sports, except in Nevada? Seems to me to be a States Rights issue that concerns more than NJ. Can states require teachers and other unionized public employees to pay a fee to cover the cost of collective bargaining? Poorly worded question that is too broad. Does the Civil Rights Act of 1964, which forbids employers from discriminating against employees because of their sex, also forbid firing people because of their sexual orientation? Which came first,the chicken or the egg? If someone hid their sexual orientation in order to get the job,coming out after getting the job is clear proof of a fraudulent job application. If the employee showed up as a cross-dresser or obvious homosexual at the job interview and was hired anyhow,you can't fire them for it after hiring them. If they showed up for the interview dressed as a normal male or female and don't mention they are homosexuals or cross-dressers,they don't have a right to bitch about it after being hired. After all,if you hired someone that appeared to be normal to work in your business and they started showing up for work wearing a Nazi Helmet and clothing with Swastikas on it,you would clearly be within your rights to fire them. Like it or not,employers have rights also. In the entire history of the world,the only nations that had to build walls to keep their own citizens from leaving were those with leftist governments.
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