Three cases to watch as Supreme Court readies for final oral arguments of term – The Hill
The Supreme Court this month will hear its last oral arguments in a term that has been overshadowed by disputes over abortion and the Second Amendment and the confirmation of the nations first Black female justice.
As the country awaits decisions in those potentially landmark cases, three cases stand out as highlights among the remaining disputes to be argued before the justices.
They involve a Trump-era immigration policy, a dispute over a high school football coachs religious practice on school grounds and the Miranda warning that suspects are given by law enforcement.
Its the last set of arguments that will include Justice Stephen Breyer, who will retire this summer. He will be replaced by the newly confirmed Justice Ketanji Brown Jackson.
Trump-era remain in Mexico policy
One of the most high-profile fights on the courts docket is a dispute over the Biden administrations effort to end a controversial Trump-era immigration measure that requires asylum-seekers at the southern border to stay in Mexico while their applications are processed.
Arguments will center on whether the Biden administration must continue the policy despite the Department of Homeland Securitys (DHS) conclusion that the measure is not in the United States national interest.
Former President Trumps remain in Mexico policy, implemented in 2019, blocked migrants at the Mexican border from entering the U.S. to apply for asylum, leaving tens of thousands of people awaiting their fates in Mexico and subjecting them to potential persecution and abuse.
More than 60,000 asylum-seekers were returned to Mexico under the policy, formally called the Migrant Protection Protocols, a departure from a previous practice of allowing those fleeing violence to cross the border and apply for asylum within the U.S.
The Biden administrations two efforts to rescind the program were blocked after a lawsuit by the attorneys general of Texas and Missouri. Lower courts found the legal basis for ending the policy lacking, prompting the administrations appeal to the Supreme Court.
DHS has thus been forced to reinstate and continue implementing indefinitely a controversial policy that the Secretary has twice determined is not in the interests of the United States, the administration told the justices in court papers.
The court will hear arguments in the case in the second week of the two-week period during which it is hearing new arguments.
Miranda rights
The justices this week will hear a procedural dispute that stems from a police officers failure to issue a Miranda warning in a case with potentially weighty criminal justice implications.
The case arose after Terence Tekoh, a Los Angeles hospital worker, was accused of sexually assaulting a patient. In the course of investigating, Los Angeles County Deputy Sheriff Carlos Vega brought Tekoh to a private room to talk but did not advise Tekoh of his Miranda rights, which include a notice of the right against self-incrimination while in police custody.
At the conclusion of their meeting, Tekoh had produced a written confession. The partys claims about what transpired in their meeting are at stark odds, with Tekoh claiming Vega coerced him into confessing by threatening to deport Tekoh and his family to their native Cameroon. Vega, by contrast, depicted Tekoh as contrite and remorseful and having confessed voluntarily.
Prosecutors used Tekohs confession as evidence in his criminal trial, but the jury found Tekoh not guilty. Following his acquittal, Tekoh filed a civil lawsuit against Vega for violating his constitutional rights.
Tekoh asked the court to instruct the jury that the prosecutions use of Tekohs confession which arose after he was provided no Miranda warning amounted to an automatic violation of his Fifth Amendment right against self-incrimination. The trial court denied Tekohs request, and the jury sided with Vega.
On appeal, the U.S. Court of Appeals for the 9th Circuit sided with Tekoh. The appeals court determined that a Miranda violation alone can be the basis for finding an officer liable if the confession is later used at a criminal trial. Vega appealed to the Supreme Court, which will hear arguments in the case on April 20. The Biden administration has asked the justices to side with the officer.
Prayer in school athletics
A third upcoming case pits a high school football coach against school administrators who reprimanded the coach over his practice of holding a brief prayer on the fields 50-yard line following games.
A devout Christian, coach Joseph Kennedys custom of kneeling on field and conducting prayer while surrounded by many of his players drew reproach from officials at his Seattle-area public school. Administrators told Kennedy his conduct violated a school policy that prohibited staff from encouraging students to engage in prayer or other devotional activity.
Amid widespread publicity, Kennedy sued the school district, alleging that his First Amendment speech and religious rights were violated. A federal district court in Washington ruled against him, reasoning that Kennedys conduct was not constitutionally protected because it was done in his capacity as a public employee.
Kennedy appealed, but a unanimous three-judge panel of the San Francisco-based federal appeals court last year affirmed the lower courts decision. The panel concluded that Bremerton School District (BSD) would have violated the Constitutions prohibition on government endorsement of religion by allowing Kennedy to pray at the conclusion of football games, in the center of the field, with students who felt pressured to join him.
Kennedys attempts to draw nationwide attention to his challenge to BSD compels the conclusion that he was not engaging in private prayer, but was instead engaging in public speech of an overtly religious nature while performing his job duties, the appeals court wrote.
The Supreme Court will hear arguments in Kennedys appeal on April 25.
View post:
Three cases to watch as Supreme Court readies for final oral arguments of term - The Hill
- Biden preemptively pardons Fauci, creating Fifth Amendment trouble for him - MSN - January 22nd, 2025 [January 22nd, 2025]
- Biden preemptively pardons Fauci, creating Fifth Amendment trouble for him - Washington Examiner - January 22nd, 2025 [January 22nd, 2025]
- Ex-IU doctor Brad Bomba Sr. invoked Fifth Amendment 45 times in deposition over alleged abuse - Yahoo! Voices - December 18th, 2024 [December 18th, 2024]
- President Muizzu ratifies the fifth amendment to the Criminal Procedure Act - The Edition - December 18th, 2024 [December 18th, 2024]
- Doctor accused of abusing Indiana University athletes repeatedly invokes Fifth Amendment in deposition - NBC News - December 16th, 2024 [December 16th, 2024]
- Ex-IU doctor Brad Bomba Sr. invoked Fifth Amendment 45 times in deposition over alleged abuse - The Herald-Times - December 16th, 2024 [December 16th, 2024]
- The Constitution: The Twenty-Fifth Amendment - Houston Public Media - November 28th, 2024 [November 28th, 2024]
- Karen Read accused of weaponizing Fifth Amendment by seeking to delay civil trial - CBS Boston - October 31st, 2024 [October 31st, 2024]
- Mother and grandmother of Willacy County murder victim invoke Fifth Amendment during trial - KRGV - August 20th, 2024 [August 20th, 2024]
- This Is What the Twenty-fifth Amendment Was Designed For - The New Yorker - July 4th, 2024 [July 4th, 2024]
- Young Thug trial: State witness held in contempt, taken into custody - The Atlanta Journal Constitution - June 12th, 2024 [June 12th, 2024]
- That's Not How Pleading The Fifth Works - Above the Law - June 12th, 2024 [June 12th, 2024]
- Why was Lil Woody arrested? Rapper invokes Fifth Amendment against self-incrimination to avoid testifying in Young ... - Sportskeeda - June 12th, 2024 [June 12th, 2024]
- New Ad Taunts Trump: 'Take the Stand, Donald, or Admit You're a Coward' - The New York Times - May 18th, 2024 [May 18th, 2024]
- How Democrats In Arizona Are Damaging The Fifth Amendment - The Daily Wire - May 1st, 2024 [May 1st, 2024]
- Social Media Platforms Have Property Rights Too - Reason - April 16th, 2024 [April 16th, 2024]
- Utah high court rules suspects don't have to provide police with phone passcodes - The Record from Recorded Future News - December 21st, 2023 [December 21st, 2023]
- Utah Supreme Court says accused don't have to share cellphone passwords with police - Salt Lake Tribune - December 21st, 2023 [December 21st, 2023]
- High court must uphold constitutional taking clause to protect ... - The Midwest Center for Investigative Reporting - November 9th, 2023 [November 9th, 2023]
- Jump Crypto chief pled Fifth over alleged backroom Do Kwon deal - Protos - November 9th, 2023 [November 9th, 2023]
- Donald Trump civil trial in Manhattan: Maybe he's not trying to win ... - Slate - November 9th, 2023 [November 9th, 2023]
- Commission weighs whether to discipline Illinois judge who ... - St. Louis Post-Dispatch - November 9th, 2023 [November 9th, 2023]
- Smith Sentenced To Probation In Break-In At Sheriff's Residence - wkdzradio.com - November 9th, 2023 [November 9th, 2023]
- SCOTUS accepts 43 cases this term; 20 scheduled for argument so ... - Ballotpedia News - November 9th, 2023 [November 9th, 2023]
- Movie Review - Anatomy of a Fall | The-m-report | wboc.com - WBOC TV 16 - November 9th, 2023 [November 9th, 2023]
- Another Result Before It Happens: The Trump Civil Case In New York - Above the Law - November 9th, 2023 [November 9th, 2023]
- The inherent American rights involved during and after an arrest - FOX 29 - June 15th, 2023 [June 15th, 2023]
- She was killed walking home. Two men are now on trial for her ... - CBS 6 News Richmond WTVR - June 15th, 2023 [June 15th, 2023]
- Are Abortion Bans Takings? - Reason - June 15th, 2023 [June 15th, 2023]
- Ex-San Francisco Official Offers Alibi for One of Series of Bear-Spray ... - The San Francisco Standard - June 15th, 2023 [June 15th, 2023]
- Road project threatens preserved farmland | News | dailycourier.com - Front Page - June 15th, 2023 [June 15th, 2023]
- Teacher, accused of seven felonies, pleads his case to Grand Island ... - Grand Island Independent - June 15th, 2023 [June 15th, 2023]
- "That is a crime of cinema": After Saving Vin Diesel's Career With an ... - FandomWire - June 15th, 2023 [June 15th, 2023]
- There Is No 'Moving On' From Corruption, by Laura Hollis - Creators Syndicate - June 15th, 2023 [June 15th, 2023]
- Left-wing Democrats Running Roughshod Over Constitutional ... - The New York Sun - June 15th, 2023 [June 15th, 2023]
- Tether SEC Action? USDT Selling Floods Liquidity Pools in Wake of ... - CCN.com - June 15th, 2023 [June 15th, 2023]
- Essential Education: Professor, attorney discuss importance of ... - LA Downtown News Online - June 4th, 2023 [June 4th, 2023]
- Inside The Murder Of Kristin Smart And How Her Killer Was Caught - All That's Interesting - June 4th, 2023 [June 4th, 2023]
- Louisiana's Sabine River Authority Not Entitled To Sovereign Immunity - The Energy Law Blog - May 27th, 2023 [May 27th, 2023]
- Ken Paxton Impeached on 20 Charges Including Bribery ... - The Texan - May 27th, 2023 [May 27th, 2023]
- Don Carmignani Recounts Brutal Beating From Witness Stand - The San Francisco Standard - May 27th, 2023 [May 27th, 2023]
- Simply losing it: Bitter fight brews over federal judges forced retirement effort - Yahoo! Voices - May 27th, 2023 [May 27th, 2023]
- Trump Organization finishes last in brand reputation survey for second straight year - The Hill - May 27th, 2023 [May 27th, 2023]
- Jekyll Island Authority board names new director | Local News ... - Brunswick News - May 27th, 2023 [May 27th, 2023]
- They held down a Black teen who tried to shoplift. He died from ... - Wisconsin Examiner - May 27th, 2023 [May 27th, 2023]
- Police officer charged with obstruction for allegedly leaking information to Proud Boys leader - WAPT Jackson - May 20th, 2023 [May 20th, 2023]
- Deputies ordered to answer questions about knowledge of gangs in LA County Sheriffs Department - Daily Breeze - May 20th, 2023 [May 20th, 2023]
- The 1950s Hollywood Blacklist Was an Assault on Free Expression - Jacobin magazine - May 20th, 2023 [May 20th, 2023]
- Will There Finally be Some Development on the Land Condemned ... - Reason - May 8th, 2023 [May 8th, 2023]
- Justice Scalia's Unpublished Dissent in Kelo v. City of New London - Reason - May 8th, 2023 [May 8th, 2023]
- Jurors to continue deliberations in trial for Woodson man accused of ... - Northwest Arkansas Democrat-Gazette - May 8th, 2023 [May 8th, 2023]
- The Red Scare Led to One of the Greatest Westerns of All Time - Collider - May 8th, 2023 [May 8th, 2023]
- The Ghost of Ayn Rand as a Climate Activist? - InDepthNH.org - May 8th, 2023 [May 8th, 2023]
- Florida oversight board sues Walt Disney Company in ongoing legal ... - JURIST - May 8th, 2023 [May 8th, 2023]
- Suspended gynecologist accused of getting aroused during vaginal deliveries faces massive lawsuit from dozens of women - Law & Crime - May 8th, 2023 [May 8th, 2023]
- Suffolk grand jury could bring criminal charges against CPS workers in Thomas Valva child-abuse case - Newsday - May 8th, 2023 [May 8th, 2023]
- Trump will answer questions in New York fraud lawsuit, lawyer says - Daily Herald - April 13th, 2023 [April 13th, 2023]
- Why the Founding Fathers passed the Fourth Amendment to the ... - Tennessean - April 13th, 2023 [April 13th, 2023]
- Appeals court rejects Peter Navarro's bid to retain hundreds of ... - POLITICO - April 13th, 2023 [April 13th, 2023]
- In Proud Boys Jan. 6 Sedition Trial, FBI Informants Abound - The New York Times - March 28th, 2023 [March 28th, 2023]
- Supreme Court Should Take and Reverse Fifth Circuit Decision that ... - Reason - March 28th, 2023 [March 28th, 2023]
- Court Action Underscores Peril for Trump in Documents Investigation - The New York Times - March 28th, 2023 [March 28th, 2023]
- CINCINNATI FINANCIAL CORP : Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant,... - March 28th, 2023 [March 28th, 2023]
- Hartselle police: Chiropractor ingested lead to allay suspicion - Yahoo! Voices - March 28th, 2023 [March 28th, 2023]
- Georgia judge orders Fulton County DA to respond to Trumps motion seeking to quash grand jury report - Yahoo News - March 28th, 2023 [March 28th, 2023]
- Missing Franklin woman's children await answers on 2-year ... - WDJT - March 28th, 2023 [March 28th, 2023]
- Congressional oversight of the Trump International Hotel, civil rights ... - SCOTUSblog - March 28th, 2023 [March 28th, 2023]
- Rajya Sabha adjourned for the day over opposition protest - The Economic Times - March 28th, 2023 [March 28th, 2023]
- Why Civil Asset Forfeitures Need To End And Soon Could - Forbes - March 28th, 2023 [March 28th, 2023]
- The Dangerous Journey of John Eastman - Washington Monthly - March 28th, 2023 [March 28th, 2023]
- The Speaker Gets to do What he Wants to do,' Michael Madigan is Heard Saying at Secretly Recorded Leadership Meeting - NBC Chicago - March 28th, 2023 [March 28th, 2023]
- Letter to the editor: Rent control is government intrusion - Press Herald - March 28th, 2023 [March 28th, 2023]
- 1 year after FreeFall tragedy: Where the criminal investigation stands - WESH 2 Orlando - March 28th, 2023 [March 28th, 2023]
- Lange Refuses to Stop Demolition of Strizheus House, But Says City ... - Dakota Free Press - March 28th, 2023 [March 28th, 2023]
- Form 10-K Evolve Transition Infras For: Dec 31 - StreetInsider.com - March 28th, 2023 [March 28th, 2023]
- 11 exonerated men sue city detective Reynald Guevara - CBS News - March 28th, 2023 [March 28th, 2023]
- California man charged with felony cocaine possession at airport - Idaho Mountain Express and Guide - March 28th, 2023 [March 28th, 2023]
- Alex Murdaugh and whether to testify in your own defense - ABA Journal - March 28th, 2023 [March 28th, 2023]
- B.C. 'pump and dump' defendants' assets can be frozen by SEC - Vancouver Is Awesome - March 28th, 2023 [March 28th, 2023]
- self-incrimination | Wex | US Law | LII / Legal Information Institute - March 14th, 2023 [March 14th, 2023]