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The Latest Breaking News from the Supreme Court

The Bipartisan Urge To Control Online Speech

Democrats and Republicans are united in thinking their political agendas trump the First Amendment.

Reason

Trump, DeSantis, and Scott Want To Kick Out Foreign Students Who Protest Israel

Their proposal raises obvious free speech concerns.

Reason

Supreme Court uses rare power to help man fighting for postal job for 28 years

SC orders Postal Dept. to appoint 50-yr-old Ankur Gupta as Postal Assistant on probationary basis, after he was denied job despite being on merit list. SC held he was discriminated against and arbitrarily deprived of the fruit of selection. SC said public employer has no authority to act arbitrarily and…

The Hindu

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How To Yell 'Fire' in a Crowded Theater

Aside from narrowly defined exceptions, false speech is protected by the First Amendment.

Reason

India’s LGBTQ community battles same-sex marriage ‘heartbreak’ from court

Supreme Court recognises LBGTQ community faces discrimination from state, but declines to get into ‘judicial lawmaking’.

Al Jazeera

Nithari killings: Noida residents' body to move SC against Allahabad HC order

Residents' body in Noida to move SC against HC order acquitting Moninder Singh Pandher and Surendra Koli in 2006 Nithari serial killings. DDRWA consulting legal experts and met victim families to take case further. Ashok, victim's father, gave consent for SC case. HC acquitted Pandher & Koli due to failed…

The Hindu

May School Choice Programs Restrict Religious Schools' Ability to Select Teachers Based on Religion, Sex, Etc.?

In Hosanna-Tabor v. EEOC (2012), the Supreme Court unanimously held that religious institutions have the constitutional right to freedom in selecting their clergy and religious teachers, notwithstanding federal or state antidiscrimination law. In Our Lady of Guadalupe School v. Morrisey-Berru (2020), the Court held (by a 7-2 vote) that this…

Reason

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‘The fight will continue’ for India’s LGBTQ+ campaigners for equal marriage

Homosexuality was decriminalised in 2018 but the supreme court has declined to change marriage laws

The Guardian - UK

Cybertoonz Visits Murthy v. Missouri

The effort by Missouri to enjoin the Biden administration's "jawboning" of social media companies has reached the Supreme Court. The Solicitor General filed a long brief seeking a stay of the Fifth Circuit's injunction and explaining why cert should be granted. The Court granted cert and the stay (the latter…

Reason

SCOTUS Will Decide When the Government's Social Media Meddling Violates the First Amendment

The justices agreed to consider whether the Biden administration's efforts to suppress online "misinformation" were unconstitutional.

Reason

The Court’s ‘no fundamental right to marry’ is wrong

Not recognising marriage for same sex couples is discriminatory against them

The Hindu

Supreme Court’s same-sex marriage verdict acts as a formidable document upholding the Indianness of homosexuality and gender queerness

Supreme Court affirms queerness is Indian, not foreign; CJI D.Y. Chandrachud notes how prejudice is a remnant of colonial past. Five judges agree that queerness is not limited to urban, elite few. CJI says demand to legalise same-sex marriage should not be dismissed as foreign idea. Colonial laws heaped indignity…

The Hindu

Why did the Supreme Court not allow same-sex marriage? | Explained

Why did the Supreme Court not allow the Special Marriage Act to be used for queer couples to get married? Will the legislature be open to enacting a law to make same-sex marriage legal?

The Hindu

Stipend issue: SC intervention gives MBBS interns a fair deal

Supreme Court intervenes, private medical college agrees to pay MBBS interns same stipend as govt. colleges. SC's order applicable to all private medical colleges, giving students right to approach judiciary if denied stipend or paid less.

The Hindu

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The Hindu

The petition challenging Rohingya refugees’ ‘illegal detention’ in India | Explained

The Hindu explains the writ petition in the Supreme Court alleging that India’s arrest and detention of the Rohingya refugees is illegal and unconstitutional.

The Hindu

What does Supreme Court’s abortion verdict mean for reproductive justice in India?

Supreme Court rejected a woman's plea for abortion, citing rights of the unborn child. India's Medical Termination of Pregnancy Act allows abortion up to 24 weeks. The woman was 26 weeks pregnant and had postpartum psychosis. AIIMS medical board found foetus healthy and viable. Court said govt will bear medical…

The Hindu

Infant rape and murder case | Supreme Court sets aside man's conviction, remits matter for fresh trial

Supreme Court sets aside death penalty of man convicted for rape, murder of 3-month-old, remits matter for de novo trial. SC noted trial was conducted in a "hurried manner" without giving accused proper opportunity to defend himself.

The Hindu

Advocates cannot wear jeans, capris, leggings to court, says Bar Council of T.N. and Puducherry

BCI Rules state male advocates must wear black buttoned up coat, chapkan, achkan or black sherwani with white band and advocate’s gown. Women must wear black full sleeve jacket or blouse with white collar, white bands and advocate’s gowns.

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Dynamite News

Group of former judges welcomes SC's verdict on same-sex marriage

A group of former judges has welcomed and appreciated the Supreme Court ruling, which has not favoured the legal recognition to same-sex marriage.

Reason

The Original Meaning of the Privileges or Immunities Clause

What Swift v. Tyson has to say to The Slaughter-House Cases

The Hindu

Maharashtra Speaker clubs Shiv Sena disqualification petitions; next hearing on October 26

Maharashtra Assembly Speaker consolidates cross-petitions filed by rival Shiv Sena factions seeking disqualification of each other's MLAs. SC granted Speaker final opportunity to provide realistic timeframe for deciding petitions. 40 MLAs of Shinde-led Sena & 14 of Thackeray faction issued notices. SC ruled Shinde to remain CM & EC allotted…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Harvesting Facebook data, directorial diversity, and corrupt intent.

The Hindu

Not just a case about improving investigation

The Supreme Court of India needs to step forward and ask every State and Union Territory in India to report compliance of its directives on investigation and other issues in letter and spirit

Roll Call

Supreme Court to decide case on social media content moderation outreach - Roll Call

Justices also blocked a lower court injunction that would have restricted the Biden administration’s ability to communicate with social media companies.

Reason

Illinois Appellate Court Upholds 90-Day Waiting Period for Concealed Carry Permit + $150 Fee

The Supreme Court in N.Y. State Rifle & Pistol Ass'n v. Bruen (2022) held that the Second Amendment secures a right to carry guns in public places for self-defense, but added: To be clear, nothing in our analysis should be interpreted to suggest the unconstitutionality of the 43 States' "shall-issue"…

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