Via Analytical Economist:
With the death of Antonin Scalia comes an imbalance of power between liberalism and conservativism at the nation’s highest court.
Scalia’s death occurred only months before an array of cases on controversial social issues were to be heard by the Supreme Court.
As compiled by IJ Review, here are five cases that will be as the court’s discretion.
1. Affirmative Action
In Fisher v. University of Texas at Austin, the court will consider the university’s use of racial preferences in undergraduate admissions and the “equal protection” clause of the 14th Amendment.
The University of Texas at Austin fills 75% of its freshman class by accepting anyone from the top 10% of a Texas high school graduating class. But it also reserves 25% of slots for students with special skills or qualities, including race and ethnicity.
A white applicant who claims she was not admitted because of her race brought the case against the university.
The 5th Circuit Court of Appeals has twice allowed the university’s plan to move forward, but the Supreme Court sent the case back for further review under the “equal protection” clause of the 14th Amendment.
- Abortion
In Whole Woman’s Health v. Hellerstedt, the court will review a landmark 2013 Texas law that imposes new rules for abortion clinics and abortionists.
The case challenges two aspects of the law:
- A requirement that abortionists have admitting privileges at a hospital within 30 miles of their office;
- That abortion facility meet the same health and safety standards as other ambulatory surgical centers.
The question the court faces is the standard of “undue burden,” by which state-imposed restrictions on abortion have been adjudicated since 1992.
A four-to-four tie would allow the Texas law to stand.
- Contraception Mandates
The Affordable Care Act requires employers offering health care plans to include contraceptive coverage. Churches and other religious organizations are technically exempt from this rule, but the parties bringing Zubik v. Burwell to the court, most famously the Little Sisters of the Poor, object to the exemption process.