Some Cases on the Supremes Docket To Watch For

HotAir has a short list of big cases at SCOTUS to watch for:

Affirmative Action

Fisher v. University of Texas has the potential, though not the certainty, to mark a drastic change to the policy of race based quotas in college admissions. Ms. Fisher is challenging a system in Texas which left her behind when attempting to gain entry to the state university. But had she not been white, according to the complaint, she would have gotten in. The Supremes might deliver a fairly narrow decision which either upholds the current system for that one state or makes slight modifications to create a more level playing field. But they could also swing for the fences and strike down the entire idea of acceptance based on profiles rather than academic achievement in high school.

Same Sex Marriage

The justices will also decide whether or not to hear two cases affecting the gay marriage debate. One of them is a challenge to portions of DOMA which forbid the granting of certain benefits to partners in same sex marriages. The other, Hollingsworth v Perry, deals with Prop 8 in California and seeks a decision rendering the entire question of the states defining marriage in this fashion unconstitutional. Some of the close observers of the courts I’ve been reading seem to think that they will pass on the latter case, but may well take up the challenge to DOMA, setting the stage for a real firestorm on the political backfield.

International Boundaries of Law

Finally, in one of the very first cases to be considered in this term, the court will look at Kiobel v. Royal Dutch Petroleum. Here’s a brief synapses … or synopsis if you prefer…. (ed)

Kiobel v. Royal Dutch Petroleum Co. is a lawsuit brought against Royal Dutch Petroleum Co., Shell Transport & Trading Co., Plc, and its wholly owned subsidiary Shell Petroleum Development Company of Nigeria Ltd (SPDC). The suit was brought on behalf of the late Dr. Barinem Kiobel – an outspoken Ogoni leader and eleven other Nigerians from the Ogoni area of the Niger Delta. The putative class action sought damages and other relief for crimes against humanity, including torture and extrajudicial executions, and other international law violations committed with defendants’ assistance and complicity between 1992 and 1995 against the Ogoni people.

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