Controversial Rulings

The current Supreme Court has issued a series of controversial rulings that have raised alarm among many Americans, including decisions that roll back reproductive rights and undermine voting protections. Former President Trump has already appointed over 200 judges to the federal bench, including nearly as many powerful federal appeals court judges in just four years as Barack Obama appointed in eight. If Trump were to be re-elected, he could replace some of the older justices with younger, more ideologically extreme MAGA judges, further entrenching a conservative agenda. This potential shift poses a significant threat to the freedoms and rights of future generations, highlighting the urgent need for vigilance and advocacy to protect democratic principles and civil liberties amidst changing judicial power.

Trump v. United States

Can a president be immune from official acts?

Loper Bright Enterprises v. Raimondo (Overturning Chevron Deference)

Should courts defer to a federal agency's interpretation of an ambiguity in a law that the agency enforces?

Dobbs v. Jackson Women's Health Organization (Overturning Roe v. Wade)

Does the constitution protect the right for a woman to have an abortion?

Fischer v. U.S.

Was the law too harsh on January 6 rioters (including Donald Trump himself?)

Students for Fair Admissions v. Harvard

Is it racist to have race-based quotas in college admissions?

Grants Pass v. Johnson

Do penalties for camping on public land constitute cruel and unusual punishment for homeless people?

Masterpiece Cakeshop v. Colorado Civil Rights Commission

Can businesses refuse services based on their personal religious beliefs?

Carson v. Makin

Should religious schools be excluded from tuitioning law and given public funds?

Kennedy v. Bremerton School District

Does losing your job over public religious display in schools violate your right to free speech?

Burwell v. Hobby Lobby

Can a business restrict healthcare for their employees based on their religious beliefs?

303 Creative LLC v. Elenis

Can a web designer refuse to create work that violates her values, even if she hasn't been asked to do it before?

Biden v. Nebraska

Does the Secretary of Education have the power to waive student loans?

Snyder v. United States

Is it legal for state and local officials to accept gratuities?

West Virginia v. EPA

Can the EPA regulate carbon dioxide emissions related to climate change?

Americans for Prosperity Foundation v. Bonta

Do non-profit organizations need to disclose the identities of their donors?

Free Speech Coalition Inc v. Paxton

Should proof of age be required to view adult content online?

LW v. Skrmetti

Are people under 18 allowed to receive gender affirming care?

Trump v. United States

Can a president be immune from prosecution for official acts?

Trump v. United States is a pivotal Supreme Court case that addresses the issue of presidential immunity in the context of criminal prosecution. The Court's ruling fundamentally clarifies the boundaries of a president's legal protections while in office, establishing that presidential immunity extends to all actions considered "official acts." This includes absolute immunity for actions that fall under exclusive presidential authority—such as granting pardons, commanding the military, executing laws, and controlling the executive branch.

The case emerged from ongoing federal investigations into allegations that Donald Trump, during his presidency, engaged in election interference related to the contentious 2020 election. This scrutiny intensified following the January 6, 2021, attack on the U.S. Capitol, where questions arose about Trump's involvement and the extent of his presidential powers during that crisis.

On July 1, 2024, the Supreme Court issued a 6–3 decision along ideological lines, affirming that Trump had absolute immunity for actions performed within the core constitutional powers of the presidency. The ruling also established that while there is presumptive immunity for official acts within the outer limits of presidential responsibilities, there is no immunity for actions deemed unofficial or outside the scope of presidential duties.

Significantly, this decision extends the same protections to all presidents, including the current president, Joe Biden, thereby setting a precedent for how future administrations may navigate legal challenges stemming from their official actions. The Court deliberately refrained from determining the specific immunity associated with certain acts that were alleged in Trump’s indictment, choosing instead to vacate previous appellate decisions and remand the case to the district court for further consideration.

This landmark ruling not only shapes the legal landscape surrounding presidential accountability but also underscores the ongoing complexities of balancing executive power with legal oversight in the American political system.

Loper Bright Enterprises v. Raimondo (Overturning Chevron Deference)

Should courts defer to a federal agency’s reasonable interpretation of an ambiguity in a law that the agency enforces?

Loper Bright Enterprises v. Raimondo emphasizes the limited authority of federal agencies to interpret the laws they administer, asserting that courts should take the lead in interpreting ambiguous statutes. This decision is poised to have significant implications across various sectors, affecting everything from environmental regulation to healthcare costs. By restricting the interpretive power of regulatory agencies—many of which are staffed with highly qualified scientists and legal experts—this ruling undermines their ability to effectively carry out their responsibilities.

This shift is particularly crucial in the context of Project 2025, which advocates for a reevaluation of how the federal government operates. The project underscores the importance of presidential appointees in shaping policy and ensuring accountability within government agencies. As noted in Project 2025, these appointees play a vital role not just in implementing the administration's policy agenda but also in monitoring the actions of these departments. They are expected to provide a check on the administrative state, which can sometimes exceed its authority. This reflects a broader conservative perspective that seeks to limit the reach of federal agencies and enhance the role of elected officials in governance.

The ramifications of this decision could lead to significant changes in how regulations are formulated and enforced. For instance, without the ability to interpret laws in a manner that reflects current scientific understanding or social needs, agencies may struggle to address pressing issues such as climate change, public health, and consumer protection. This ruling marks a pivotal moment in the ongoing debate over the balance of power between federal agencies and the judicial system, as well as the role of executive oversight in an increasingly complex regulatory landscape.

“Presidential appointees not only are critical to implementing the policy agenda, but also must serve to “watch the watchers” in the departments and agencies they oversee. They must ensure accountability as well as provide a check on the inherent nature of the administrative state to overreach its authority” (page 886, Project 2025)

Dobbs v. Jackson Women's Health Organization (Overturning Roe v. Wade)

According to the dissenting judges, the court's opinion means that "from the very moment of fertilization, a woman has no rights to speak of. A state can force her to bring a pregnancy to term even at the steepest personal and familial costs."

Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022), marks a pivotal moment in U.S. legal history as the Supreme Court ruled that the Constitution does not guarantee a right to abortion. This landmark decision effectively overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), transferring the authority to regulate abortion back to individual states. The ruling allows states to impose restrictions or outright bans on abortion services, leading to a patchwork of laws that can vary significantly across the country.

Justice Samuel Alito's opinion, spanning 78 pages and accompanied by a 30-page appendix, meticulously argues that the Constitution does not enshrine a right to privacy or personal autonomy regarding abortion. Alito's analysis draws on historical context and constitutional interpretation, asserting that such rights are not explicitly protected by the Constitution's text or its original intent. This argument raises concerns about the future of individual liberties, as it appears to undermine a foundational aspect of privacy that many legal precedents have relied upon.

The implications of this ruling extend beyond abortion rights. In his concurring opinion, Justice Clarence Thomas warned that the reasoning used to support the Dobbs decision could also be applied to challenge and potentially overturn other significant Supreme Court rulings. He specifically cited cases like Obergefell v. Hodges (2015), which legalized same-sex marriage, and Griswold v. Connecticut (1965), which affirmed the right to contraception for married couples. By suggesting that the legal framework established in *Dobbs* could be used to reassess these decisions, Thomas opened the door to future litigation that might seek to restrict or eliminate other rights previously thought secure.

This potential for future challenges creates a climate of uncertainty regarding personal rights and civil liberties in the United States. Legal experts and advocates for various rights are now faced with the daunting task of defending against a new wave of legal scrutiny that could reshape the landscape of individual freedoms. The ruling not only affects abortion access but also signals a broader movement that could impact other areas of personal and social rights, raising profound questions about the role of the Supreme Court and its interpretations of the Constitution in safeguarding individual liberties.

Fischer v. U.S.

Fischer v. United States was a United States Supreme Court case about the proper use of the felony charge of obstructing an official proceeding, established in the Sarbanes–Oxley Act, against participants in the January 6 United States Capitol attack.

The recent 6-3 ruling by the Supreme Court, which found that prosecutors had overreached in applying the obstruction law, carries significant implications for defendants involved in the January 6 insurrection. This decision not only raises questions about the validity of the charges faced by those who have already pleaded guilty or been convicted under the obstruction statute but also sets a precedent that may lead to calls for new trials or reduced sentences. Legal experts anticipate that defense attorneys for these individuals will argue that the ruling undermines the basis of their convictions, potentially allowing for appeals or re-sentencing based on this interpretation of the law.


For former President Donald Trump, the ruling has immediate and profound consequences, as it effectively dismisses two of the four criminal counts against him in the indictment brought by Justice Department special counsel Jack Smith. The indictment alleges that Trump conspired to overturn the results of the 2020 presidential election, and the removal of these charges may significantly weaken the case against him. Trump's legal team may leverage this decision to argue for a more favorable outcome in his ongoing legal battles, potentially reshaping the narrative around his culpability in the events surrounding January 6.


Moreover, the ruling's implications extend beyond individual cases to broader discussions about the limits of prosecutorial power and the interpretation of obstruction laws. This could spark renewed debates on what constitutes lawful dissent versus unlawful obstruction, particularly in politically charged contexts. The decision may encourage other defendants involved in the January 6 events to seek similar relief, further complicating the judicial landscape as courts grapple with the ramifications of this ruling.

Students for Fair Admissions v. Harvard

Is it racist to have race-based quotas in college admissions?

The Supreme Court's ruling declared that race-based affirmative action programs in college admissions violate the Equal Protection Clause of the Fourteenth Amendment, marking a significant shift in the landscape of higher education policy. In conjunction with its companion case, Students for Fair Admissions v. University of North Carolina, the Court effectively overruled previous landmark decisions, such as Grutter v. Bollinger (2003) and Regents of the University of California v. Bakke (1978), which had permitted certain affirmative action practices as long as race was considered in a limited capacity.

At the heart of the lawsuit was the claim that Harvard University imposed a soft quota that resulted in "racial balancing," which the plaintiffs argued unfairly limited the admission of Asian-American applicants. They noted a troubling pattern: despite a substantial increase in the number of Asian-American applicants and a growing population, the percentage of admitted Asian students remained relatively constant over the years. This led the plaintiffs to assert that Harvard's admissions practices were discriminatory.

Responses to the ruling reflected a deep division in public opinion. Former President Donald Trump lauded the decision, stating, "This is a great day for America. People with extraordinary ability and everything else necessary for success, including future greatness for our country, are finally being rewarded. This is the ruling everyone was waiting and hoping for.” His remarks underscored a belief that merit-based evaluations should take precedence over race-based considerations.

Former Vice President Mike Pence echoed this sentiment, declaring, "There is no place for discrimination based on race in the United States, and I am pleased that the Supreme Court has put an end to this egregious violation of civil and constitutional rights in admissions processes, which only served to perpetuate racism.” Pence’s comments highlighted the ruling as a necessary step toward ensuring equality in educational opportunities.

Florida Governor and 2024 presidential candidate Ron DeSantis emphasized the need for merit-based admissions, stating, "College admissions should be based on merit and applicants should not be judged on their race or ethnicity. The Supreme Court has correctly upheld the Constitution and ended discrimination by colleges and universities.” His remarks reflected a broader Republican push for policies that prioritize individual qualifications over demographic factors.

2024 presidential candidate Vivek Ramaswamy took to social media to assert that "affirmative action is a badly failed experiment: time to put a nail in the coffin & restore colorblind meritocracy.” His stance resonated with many who believe that race-based affirmative action has outlived its effectiveness and has instead created new forms of inequality.

The ruling was further supported by Republican Senators Mitch McConnell, Tom Cotton, Tim Scott, and Marsha Blackburn, each expressing their approval of the decision. Their comments highlighted a unified Republican front in favor of the Supreme Court’s stance against race-based considerations in college admissions.

Overall, this ruling not only impacts admissions policies at elite institutions but also signals a potential shift in how educational equality is conceptualized in America. The debate surrounding affirmative action is likely to continue, influencing both political discourse and the future of higher education in the United States.

Grants Pass v. Johnson

Do penalties for camping on public land constitute cruel and unusual punishment of homeless people?

City of Grants Pass v. Johnson is a significant case before the United States Supreme Court that addresses the legality of local government ordinances imposing civil and criminal penalties for camping on public land, particularly as it pertains to homeless individuals. The case arose from the city of Grants Pass, Oregon, where local authorities enacted ordinances aimed at managing the presence of homeless people in public spaces. The core issue was whether these ordinances violated the Eighth Amendment's prohibition against cruel and unusual punishment.

During oral arguments on April 22, 2024, attorney Theane Evangelis, representing Grants Pass through the law firm Gibson, Dunn & Crutcher, articulated the city's position. He argued that homeless individuals should be required to mount a necessity defense in court—essentially justifying their need to camp in public spaces—rather than contesting the enforcement of anti-camping laws based on Eighth Amendment claims. This perspective raised significant concerns about the treatment of homeless individuals and the broader implications of criminalizing their circumstances.

Justice Elena Kagan, during the proceedings, challenged Evangelis's argument by highlighting empirical evidence indicating that the enforcement of these ordinances disproportionately affected homeless individuals. Kagan pointed out that the laws appeared to target those without shelter rather than being applied uniformly to all individuals who might use public land for various reasons, such as picnicking or recreation. This observation suggested a troubling potential for the criminalization of homelessness itself, raising ethical questions about the fairness and humanity of such legal measures.

The Court's ruling in this case has implications not only for the rights of homeless individuals but also for how local governments can regulate public land use in a way that respects constitutional protections. By addressing the tension between public order and the rights of vulnerable populations, the case underscores the need for a more nuanced understanding of justice and compassion in the enforcement of local laws. As the Court considers these issues, the outcomes could influence future legislation and policies related to homelessness across the country, shaping the national conversation around the rights of the unhoused and the responsibilities of local governments.

Masterpiece Cakeshop v. Colorado Civil Rights Commission

Can Businesses refuse services based on their personal religious beliefs?

Masterpiece Cakeshop v. Colorado Civil Rights Commission was a significant Supreme Court case that addressed the intersection of public accommodation laws, free speech, and the free exercise of religion. At the heart of the case was Masterpiece Cakeshop, a bakery in Lakewood, Colorado, owned by Jack Phillips, who refused to create a custom wedding cake for a same-sex couple, citing his religious beliefs. The Colorado Civil Rights Commission evaluated the bakery's actions under the Colorado Anti-Discrimination Act and determined that Phillips had discriminated against the couple, issuing orders for compliance.

After a series of appeals, the Colorado Supreme Court upheld the Commission's decision, prompting Phillips to take the case to the U.S. Supreme Court. In a 7–2 ruling, the Court found that the Commission had not demonstrated religious neutrality in its evaluation of Phillips's case, thus violating his rights to free exercise of religion. However, the Court did not make a broader ruling on the general balance between anti-discrimination laws and religious freedom, focusing instead on the specific circumstances of the Commission's actions.

The case was supported by the Alliance Defending Freedom (ADF), a conservative Christian legal advocacy group that represented Masterpiece. ADF emphasized the need for tolerance and respect for differing opinions, arguing that the Commission's treatment of Phillips was unjust. Notably, ADF has connections to influential political figures, including Speaker of the House Mike Johnson and Supreme Court Justice Amy Coney Barrett, along with former Vice President Mike Pence and others.

In addition to its involvement in this case, ADF has played a role in shaping significant legislation, including writing the model for Mississippi's anti-abortion law, which contributed to the Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization. This decision ultimately overturned the long-standing precedent of Roe v. Wade, which had established a constitutional right to abortion in the United States since 1973. The implications of Masterpiece Cakeshop continue to resonate in discussions about the balance between individual rights and anti-discrimination protections, reflecting ongoing societal debates around these critical issues.

Carson v. Makin

Should religious schools be excluded from tuitioning law, and given public funds?

Carson v. Makin revolved around the limitations of school vouchers in Maine, which prohibited the use of these vouchers for religious-based private schools. In a 6–3 decision, the Supreme Court ruled that Maine's restrictions violated the Free Exercise Clause, as they discriminated against religiously affiliated schools. Dissenting justices argued that this decision undermined the long-standing principle of separation of church and state, as it would require state governments to fund religious institutions.

Many states in the U.S. provide tuition assistance for private schools through school vouchers, but some have incorporated Blaine Amendments into their constitutions, which prohibit funding for religious schools. Justice Breyer, joined fully by Justice Kagan and partially by Justice Sotomayor, expressed concerns in his dissent that the ruling could compel states to use taxpayer money to fund religious schools. He noted that the decision largely ignored the First Amendment's establishment clause while focusing heavily on its free exercise clause, breaking with historical precedent that had never mandated state funding for religious education within tuition programs.

In her separate dissent, Justice Sotomayor pointed out that the Court had shifted from allowing states to decline funding for religious organizations to requiring them to subsidize religious indoctrination with taxpayer dollars. She argued that the ruling continued to erode the wall of separation between church and state that the framers of the Constitution sought to establish.

Kennedy v. Bremerton School District

Does losing your job over public religious display in schools violate your first amendment right to free speech?

In 2022, the Supreme Court delivered a significant ruling in favor of Joseph Kennedy, a high school football coach who was dismissed from his position due to his practice of praying at the 50-yard line after games. The Court's decision, reached with a 6-3 majority, emphasized that Kennedy's actions were protected under the First Amendment, which guarantees freedoms concerning religion and speech.

The case centered around the public school district's argument that permitting Kennedy's prayers would infringe upon the Establishment Clause of the Constitution. This clause is designed to prevent the government from establishing an official religion or showing preference for one religion over another. The justices, however, found that Kennedy's prayers were a personal expression of faith rather than a sanctioned school activity, thereby distinguishing his individual rights from institutional endorsement of religion.

The ruling underscored the importance of free expression, particularly in public settings, and suggested that individual acts of faith should not be suppressed merely because they occur in a school environment. This decision has broader implications for the ongoing debate surrounding religious expression in public institutions, particularly regarding how the Establishment Clause is interpreted in the context of personal beliefs and practices. The case highlights a growing tension between the rights of individuals to express their faith and the boundaries intended to maintain a secular public sphere.

Burwell v. Hobby Lobby

Can an Employer Refuse to cover Contraceptives in their Health Insurance because of their Religious Beliefs?

Burwell v. Hobby Lobby is a landmark Supreme Court case that addressed the intersection of corporate rights, religious freedom, and women's healthcare. The case arose when Hobby Lobby, a privately held for-profit corporation owned by a Christian family, challenged the contraceptive mandate imposed by the Affordable Care Act (ACA). This mandate required employers to provide health insurance coverage for certain contraceptives without co-pays. The owners of Hobby Lobby argued that this requirement violated their religious beliefs, as they opposed some contraceptives they viewed as abortifacients.

In a closely contested 5–4 ruling, the Supreme Court held that under the Religious Freedom Restoration Act (RFRA) of 1993, closely held corporations could be exempt from regulations that their owners religiously object to, provided there are less restrictive means of achieving the law's objectives. The Court determined that the contraceptive mandate was not the least restrictive means of ensuring access to contraceptive care, particularly since there were alternative accommodations for religious nonprofits.

The ruling effectively struck down the contraceptive mandate as it applied to Hobby Lobby and similar companies, allowing them to opt out of providing contraceptive coverage based on their religious objections. Following the decision, the Court issued an injunction that effectively ended the alternative arrangement previously in place for religious nonprofits, leading to the implementation of a government-sponsored solution to ensure that female employees of such corporations could still access contraceptive care.

303 Creative LLC v. Elenis

303 Creative LLC v. Elenis

303 Creative LLC v. Elenis: Navigating the Clash Between Free Speech and Anti-Discrimination Laws

303 Creative LLC v. Elenis is a pivotal Supreme Court case that centers around the conflict between free speech rights and anti-discrimination laws. In 2016, Lorie Smith, a Christian web designer based in Colorado, filed a lawsuit against the state. In her lawsuit, she claimed that the state's anti-discrimination laws would force her to create websites for same-sex weddings, which she argued would conflict with her deeply held religious beliefs. Smith sought a preemptive ruling to protect her from potential legal repercussions before she was ever asked to provide such services.

The Impact of Masterpiece Cakeshop and 303 Creative

This case, alongside the earlier Masterpiece Cakeshop v. Colorado Civil Rights Commission, raises significant questions about whether state laws prohibiting discrimination can compel artists and designers to produce work that they fundamentally disagree with. Both cases highlight the tension between protecting LGBTQ+ rights and upholding the First Amendment rights of individuals who assert that their artistic expression is intrinsically linked to their personal beliefs. The key issue in these cases is whether the creative work involved is considered "expressive" enough to qualify for First Amendment protections. Should anti-discrimination laws should take precedence in preventing discrimination. This question has broad implications not only for LGBTQ+ rights but also for how we navigate freedom of expression in the public sphere.

Understanding the Decision

The Supreme Court's decision in 303 Creative was viewed by some as a landmark victory for free speech and religious liberty, reinforcing the idea that individuals should not be compelled to produce work that contradicts their beliefs. However, critics argued that the ruling sets a dangerous precedent for discrimination, framing it as a form of protected speech. This debate reflects broader societal divisions regarding LGBTQ+ rights and the extent to which personal beliefs can be invoked to justify refusals of service, making 303 Creative a significant case in the ongoing discourse about civil rights and religious freedom in America.

Biden v. Nebraska

Does the Secretary of Education have the power to waive student loans?

Biden v. Nebraska, 600 U.S. 477 (2023) was a significant Supreme Court case concerning the Biden administration's 2022 plan to forgive federal student loans, which was challenged by several states. On June 30, 2023, the Court ruled 6–3 that the Secretary of Education lacked the authority to waive student loans under the HEROES Act.

This case was heard alongside Department of Education v. Brown, 600 U.S. 551 (2023), in which members of the student loan program challenged the debt forgiveness initiative. However, this case was vacated due to a lack of standing among the plaintiffs.

Chief Justice Roberts stated that the authority granted to the Secretary of Education to "waive or modify" loan terms could not be extended to the student loan forgiveness program. He emphasized that debt cancellation of this magnitude required explicit congressional authorization and fell under the major questions doctrine.

Snyder v. United States

Is it a Crime for State and Local Officials to Accept Gratuities?

Snyder v. United States (2024) is a significant Supreme Court case in which the Court ruled that 18 U.S.C. § 666 prohibits bribery of state and local officials but does not criminalize the acceptance of gratuities by those officials for past actions.

The case involves James Snyder, the former mayor of Portage, Indiana, who was convicted for accepting a $13,000 payment from Great Lakes Peterbilt after the city awarded the company contracts totaling approximately $1.1 million. Snyder contended that the payment was for consulting services, while prosecutors argued it constituted an illegal gratuity linked to the contracts.

Section 666 is part of Title 18 of the United States Code, addressing federal crimes related to public corruption. The statute applies to organizations or governmental entities receiving at least $10,000 annually in federal funds for grants or contracts. It creates a criminal offense when an official or employee of a covered entity corruptly solicits, demands, or accepts anything of value intending to be influenced in connection with transactions involving $5,000 or more, with penalties of up to 10 years in prison.

West Virginia v. EPA

Can the EPA Regulate Carbon Emissions related to Climate Change?

West Virginia v. Environmental Protection Agency, 597 U.S. 697 (2022) is a landmark U.S. Supreme Court decision concerning the Clean Air Act and the extent of the Environmental Protection Agency's (EPA) authority to regulate carbon dioxide emissions related to climate change.

The case centers on the Clean Power Plan (CPP) proposed by the EPA in 2015 during the Obama administration, which aimed to reduce emissions from existing power plants through two main strategies: implementing "within the fence line" emissions reduction technologies and promoting "outside the fence line" generation shifting to cleaner energy sources like solar and wind power. The CPP faced legal challenges from several states and coal industry stakeholders, resulting in its enforcement being blocked by the courts.

In 2019, the Trump administration's EPA introduced the less stringent Affordable Clean Power rule, which also faced legal scrutiny. Despite the change in administration in 2020, the Biden administration expressed an intent to incorporate "outside the fence line" controls, keeping the case relevant to the EPA's regulatory authority.

On June 30, 2022, the Supreme Court ruled 6–3 that regulating existing power plants under Section 7411(d) of the Clean Air Act fell under the major questions doctrine. The Court concluded that Congress did not grant the EPA the authority to regulate emissions from existing plants through generation shifting mechanisms, effectively invalidating the Clean Power Plan. However, the ruling affirmed that the EPA retains the ability to regulate emissions at existing plants through emissions reduction technologies.

Americans for Prosperity Foundation v. Bonta

Image

Do Non-profit Organizations Need to Disclose the Names of their Donors?

Americans for Prosperity Foundation v. Bonta, 141 S.Ct. 2373 (2021) is a significant United States Supreme Court case focused on the issue of donor disclosure for non-profit organizations. The case arose when the Americans for Prosperity Foundation challenged California's mandate requiring non-profits to disclose the identities of their major donors to the state's Attorney General as a condition for soliciting contributions within the state. This requirement was aimed at promoting transparency and accountability in charitable fundraising but raised concerns about privacy and the potential chilling effect on free speech.

Court Case Resolution

 In a pivotal ruling issued in July 2021, the Court determined, in a 6–3 decision, that California's disclosure requirement imposed an unconstitutional burden on donors’ First Amendment rights. The majority opinion argued that the law was not narrowly tailored to serve the state’s interests in transparency and accountability, rendering it constitutionally invalid.

Americans for Prosperity Foundation v Bonta - Lasting Impacts

This ruling underscored the Court's commitment to protecting free speech and privacy, particularly in the context of political and charitable activities. The decision has far-reaching implications for non-profit organizations, potentially encouraging greater anonymity for donors and limiting states' abilities to impose similar disclosure requirements in the future. The case reflects a broader debate about the balance between transparency in political donations and the right to free expression, highlighting ongoing tensions in the regulation of political speech and fundraising in the United States.

Free Speech Coalition Inc v. Paxton

Can pornography be regulated in a way that protects adults' speech if passed in the name of protecting kids from sexual material online?

An increasing number of states have enacted laws requiring websites that host content considered “harmful to minors” to verify users' ages before granting access. In 2023, Texas joined this trend by passing HB 1181 (“the Act”). According to the Act, websites with one-third or more of their content classified as “harmful to minors” must verify the age of all users. The term “sexual material harmful to minors” is vaguely defined, encompassing a wide range of content, including sex education videos and R-rated films.

Additionally, the Act mandates that affected websites display government-issued “sexual materials health warnings,” which include statements claiming that “[p]ornography is potentially biologically addictive” and can harm brain development. This age verification requirement limits access for adults, as they must disclose their identities to bypass the age gate. It also compromises anonymity and could prevent individuals without government ID or those misidentified by the verification technology from accessing these websites altogether.

L.W. v. Skrmetti

Are people under 18 allowed to receive gender affirming care?

Samantha and Brian Williams from Nashville, TN, along with their 15-year-old transgender daughter, are challenging a Tennessee law that prohibits gender-affirming care for individuals under 18. Tennessee has more than 3,000 transgender adolescents, and the medical community widely supports the care banned by this law. Public Chapter No. 1 not only prohibits best-practice medical care for transgender youth but also mandates that those currently receiving gender-affirming treatment must discontinue it within nine months of the law taking effect on July 1, 2023, with a deadline of March 31, 2024.

Additionally, the law allows private lawsuits against medical providers offering necessary care to transgender youth. "I can’t bear the thought of returning to the dark place I was in before accessing the care prescribed by my doctors," said the Williams' daughter. "I want this law to be overturned so I can continue receiving the care I need, in collaboration with my parents and doctors, and have the freedom to live my life and pursue my interests."

Project 2025 Links

Image