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Sunday, September 30, 2012

U.S. Supreme Court Term Begins Monday

The United States Supreme Court term begins on Monday. 

The justices will hear a number of cases, including those regarding affirmative action, same sex marriage, and voting rights.

On October 10, the Court will hear the case of Fisher v. University of Texas. It presents a major challenge to affirmative action at the college level. The plaintiff is a white women who was denied admission to the University, which uses race as one of many factors for admission in order to promote its goal of diversity. It appears that there are enough justices on the bench to accept Fisher's challenge. In the last affirmative action case before the court, which was decided in 2009, Justice Scalia, Silent Thomas, and Justice Kennedy decided against upholding affirmative action. Now, Justice Alito and Chief Justice Roberts, who have expressed conservative views against the use of race in university admissions, could round out a 5-4 majority to strike down or limit the policy. 

In addition, the Court is likely to hear a challenge to the federal Defense of Marriage Act (DOMA). DOMA bars the government from providing federal benefits to gay couples who are married in states that allow same-sex marriage. These include tax breaks, burial services, and medical coverage, to which heterosexual spouses are entitled. The Court will also hear a case out of California, filed by Theodore O. Olson and David Boies, which seeks to establish a right to same-sex marriage under the federal constitution. It is somewhat less clear which way the justices will decide these matters. 

The constitutionality of the Voting Rights Act of 1965 is also up for argument. Three years ago, the Court implied that it was not fully in support of the section of the act that requires the federal government to oversee procedural changes to the election rules in certain states. Most of the states affected by this provision are in the South because of the obvious history of racial discrimination in regard to voting. The challenges include issues of redistricting and requirements of voter identification, which are vital to the upcoming election and beyond.

More here. 

Posted by Strong Black Woman at 7:22 AM
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Labels: Affirmative Action, Defense of Marriage Act, DOMA, Gay Marriage, Same Sex Marriage, SCOTUS, Supreme Court, University of Texas, Voting Rights Act
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