Several U.S. Supreme Court rulings are expected in the coming days that will impact affirmative action in college admissions, the legality of President Biden’s student loan plan, disputes over freedom of speech versus the rights of the LGBTQ community, and state authority in gerrymandering and administering federal elections.
There are two cases before the Court on the issue of affirmative action’s role in higher education admissions. The petitioner in both cases, Students for Fair Admissions, is suing Harvard and the University of North Carolina for using race as a factor in admissions.
When the cases were argued before the high court last fall, comments by justices questioning the legality of the practice and suggesting alternative admissions policies hinted they could rule to halt a practice that goes back to the 1960s, as The Dallas Express reported.
The First Amendment versus LGBTQ rights case comes from Colorado, which gave the country a famous related ruling, the Masterpiece Cakeshop case. In that case, the Supreme Court ruled in favor of a bakery that did not want to be compelled to bake cakes tailored to LGBTQ events.
The Court found that the defendant, the Colorado Civil Rights Commission, violated the baker’s rights by failing to treat him in a religiously neutral manner. However, the Court’s ruling was narrow in scope and did not settle the core free speech question.
More clarity may come with the Court’s ruling on the 303 Creative case. The petitioner, 303 Creative, is owned by Lorie Smith, a website creator. She preemptively sued to challenge Colorado’s Anti-Discrimination Act, which she claims violates her free speech by requiring her to build wedding websites for same-sex couples.
This case may determine the extent to which such laws can be applied to services that are expressive by nature.
President Biden’s student loan plan has also been challenged in the courts. The questions at issue are whether the Department of Education can legally enact the debt relief plan and whether the department follows the correct procedure.
The resistance to Biden’s plan has been so stiff that the administration is preparing alternative plans in the event of an unfavorable Supreme Court ruling.
Meanwhile, a case out of North Carolina will hinge on the clause in the U.S. Constitution that states the “manner of holding Elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof.” The case arose after the Republican-controlled state legislature drew an electoral map that the North Carolina Supreme Court ruled was unfair and violated the state’s constitution.
A state constitutional provision appears to give the judiciary in North Carolina some degree of control over elections. The high court will determine the extent.
