Supreme Court Archives - Close Up Foundation

The Supreme Court Weighs the First Amendment and Minority Rights

December 16, 2022

The case of a Christian website designer from Colorado who opposes same-sex marriage reached the Supreme Court on December 5. Because the Court said it would only address freedom of speech issues, the hearing pitted concerns over discrimination against freedom of artistic expression.1 Why Did This Case Reach the Supreme Court? Lorie Smith wants to […]

Civil Rights & Individual Liberties

A Close Supreme Court Case Entangles Indigenous Children, Tribal Sovereignty, States’ Rights, and Race

December 02, 2022

What began as a child custody lawsuit evolved into a lengthy hearing of four consolidated cases before the Supreme Court on November 9, 2022.1 The law in question is the Indian Child Welfare Act (ICWA) and the Court’s eventual ruling on it could impact laws about race, states’ rights, and the sovereignty of Native American […]

Civil Rights & Individual Liberties

Will the Supreme Court End Affirmative Action?

November 03, 2022

On October 31, 2022, the Supreme Court heard two cases regarding the use of race in college admissions.1 Rulings on these affirmative action cases could force many universities to reshape their admissions processes. The History of Affirmative Action and the Supreme Court The present-day context of the term “affirmative action” grew from executive orders by […]

Civil Rights & Individual Liberties

The Voting Rights Act Goes to Court, Again

October 06, 2022

On October 4, the Supreme Court heard oral argument in the case of Merrill v. Milligan. In that case, the Court is considering whether the Voting Rights Act of 1965 should apply to Alabama’s recent congressional redistricting. One section of the Voting Rights Act requires that states provide minority voters with “an equal opportunity to […]

Civil Rights & Individual Liberties

Brackeen v. Haaland, Part 2: Challenging the Indian Child Welfare Act

November 04, 2021

Part 2: The Current Debate Facing the U.S. Supreme Court For more information about the Indian Child Welfare Act (ICWA) of 1978 and the history of its enactment, please read part one of this series. Brackeen v. Haaland is a complex case that challenges the constitutionality of the ICWA. In the opinion of some, the […]

Civil Rights & Individual Liberties

Brackeen v. Haaland: Challenging the Indian Child Welfare Act

October 27, 2021

The case of Brackeen v. Haaland is currently facing the U.S. Supreme Court. The case calls into question the constitutionality of the Indian Child Welfare Act (ICWA) of 1978. The two major questions in the case are: (1) Is the ICWA unconstitutional on the basis of racial discrimination because of its favoring of Native families […]

Civil Rights & Individual Liberties

Supreme Court Preview: The 2021-2022 Term

October 05, 2021

The Supreme Court begins its new term on the first Monday in October, a tradition that dates back to 1917.1 This year, that meant yesterday, Monday, October 4. In the term ahead, the Court is set to take up many key constitutional and legal issues. For the Supreme Court term preview, Close Up is offering […]

Constitutional Issues

Executive Privilege and the Supreme Court

May 18, 2020

Last week, the Supreme Court heard arguments in two cases involving President Donald Trump’s tax returns and financial records, Trump v. Mazars and Trump v. Deutsche Bank. During the 2016 election, then-candidate Trump broke with tradition and refused to release many of his financial records and tax returns. The president is suing his accountants and […]

Government & Elections

Is It a Crime When Politicians Lie?

February 05, 2020

“There’s a clear difference between politics and a crime,” Michael Levy told the Supreme Court in January,1 when he made arguments in a case about New Jersey’s “Bridgegate” scandal. As the justices considered whether or not a public official commits fraud by obfuscating the “real reason”2 behind a decision, they asked both sides tough questions […]

Civil Rights & Individual Liberties

How the Supreme Court Could Reshape Discrimination Lawsuits

November 15, 2019

On November 13, 2019, the Supreme Court heard arguments in Comcast Corp. v. National Association of African American-Owned Media.1 The Court’s decision will determine how difficult it will be to bring future cases regarding possible discrimination and racial bias to trial.2 Facts of the Case Byron Allen, an African American, owns Entertainment Studios Networks (ESN), […]