The First Monday in October is the start of a new session for the U.S. Supreme Court, a great day of anticipation for court-watchers and legal specialists.
Nine legal scholars sit on the high court and each have distinct personalities such as the low-profile Clarence Thomas and the left-leaning Justice Ruth Bader, who has a video about her entitled, “NotoriousRBG,”a knockoff of the music video by the late rapper “Notorious BIG,” or Biggie Smalls, one of the most influential rappers of all time. (Bader Ginsberg likes the video BTW)
Noah Feldman, the Felix Frankfurter Professor of Law at Harvard University and Bloomberg View Columnist, along with Daniel Medwed, Northeastern Law Professor and WGBH legal analystjoined WGBH Morning Edition host Bob Seay to take a look at the upcoming term and what the American public can expect.
U.S. Supreme Court Beginnings:
The Supreme Court of the United States began hearing cases in February 1790, but it was only in 1916 that Congress made the decision to move back the opening day until the first Monday in October, giving the court more time to sift through cases, according to Professor Medwed.
The Selection Of Cases:
Each year between 6,000 and 7,000 people turn to the Supreme Court and ask for their case to be heard. In recent years, the Court has heard between 80 and 100 cases, according to Feldman. He says to winnow down the high volume of cases, the Court chooses cases of pressing national importance rather than just error correction from a lower courts ruling, unless it’s a life or death situation, such as a death penalty case. The Court also selects cases where there’s been a split of decisions among appeals courts, in an effort to unify laws nationwide.
2015 Notable Cases
Affirmative Action in Higher Education- In Fisher v. University of Texas at Austin, the court will decide whether the Constitution permits public colleges and universities to take into account race in admission decisions.
The Fate of Public Unions- The case, Friedrichs v. California Teachers Association, the court agreed to decide whether public-section unions may require workers who are not members to help pay for collective bargaining. A rule against the union could be a severe blow to collective bargaining.
Its First Major Abortion Case- since its first ruling in 2007, the court will revisit the clash between religious liberty and contraception coverage. Abortion providers in Texas are asking the Court to reverse an appeals court ruling that would leave the state with 10 abortion clinics, down from more than 40.
Boston Impact:
One case significant to the Boston area, because of the high number of universities located in the city, is the Fisher v. University of Texas at Austin case. Feldman says, “ if it turns out that public universities are not permitted to engage in affirmative action programs, them private universities will have to find their own mechanisms and we’ll probably see a re-working of how admissions work in universities across the country.”
The Court began its first session today listening to oral arguments in two cases on the docket.
To learn more about the U.S. Supreme Court cases click on the audio file above.
