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十月开庭期预示着最高法院又将迎来一个“大年”The October term heralds another ‘big year’ for the Supreme Court

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十月是炒作与现实碰撞的时刻。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

在棒球界,季后赛的最终参赛队伍已经确定,而你的橄榄球队也已深入超级碗的淘汰赛阶段。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

对于法律爱好者而言,最高法院十月开庭季的开始也呈现出类似的动态,因为备受关注的案件终于迎来了口头辩论。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

尽管最高法院仍在持续滚动受理案件,但本开庭季有望成为又一个重磅赛季,案件范围涵盖气候变化、枪支权利到父母权利。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

能够进入口头辩论日程的概率,让NFL赛季看起来都像是小菜一碟。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

在数千份请愿书之后,最高法院平均每年仅受理70至80起案件,以授予备受追捧的“调卷令”。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

如果你是下级法院法官,手头有上诉案件,这大概是你会宁愿跳过的“超级碗”。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

最高法院通常会推翻其受理审查的案件。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

上个开庭季,其推翻率为71%,略高于前一年。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

今年已经有多起重大案件,可能对法律和社会产生变革性影响。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

以下是其中几起。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

气候变化在《Suncor Energy Inc. v. County Commissioners of Boulder County》案中,博尔德市依据公共和私人妨害、侵入、不当得利及民事共谋等理论,起诉能源公司,指控其明知自身行为助长气候变化,却误导公众关于其影响。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

科罗拉多州最高法院裁定该市和县胜诉,认定此类诉讼并未被联邦优先权所禁止。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

如果该案获准继续推进,将使企业面临潜在的数千起气候变化诉讼。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

枪支权利十月已逐渐成为一个重大的第二修正案开庭季。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

民主党主导的城市和州正在禁止AR-15步枪——美国最受欢迎的步枪,以及9毫米半自动手枪——美国最受欢迎的手枪。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

这些案件来自芝加哥的第七巡回上诉法院(Viramontes v.库克县)以及纽约第二巡回上诉法院(格兰特诉希金斯案)很可能会就这些禁令提供长期期待已久的明确解释。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

这些案件可能会堵住规避先前判决以实现全面枪支管制政策的主要漏洞。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

除上述案件外,最高法院还在考虑是否审查卡尔塞诉纽约州案。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

在该案中,第二巡回上诉法院维持了一项禁止使用电击枪的禁令。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

此前,由于第一巡回上诉法院无视先例,最高法院曾将一起来自马萨诸塞州的类似案件发回重审。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

最高法院强调,某类武器在第二修正案批准时并不存在(例如“电击武器”),并不意味着它们不受宪法保护。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

如果加入卡尔塞案,本审理期将成为历史上最具里程碑意义的第二修正案审理期之一。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

教会学校与宗教歧视本审理期,最高法院将再次介入另一场关于教会学校的争议。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

在以往的案件中,最高法院曾多次介入,阻止各州在代金券或补贴计划中对宗教学校进行歧视。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

在圣玛丽天主教教区诉罗伊案中,第十巡回上诉法院维持了科罗拉多州的一项规定,该规定要求所有幼儿园同意不得基于“种族、宗教归属、性取向、性别认同、收入或残疾”进行歧视。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

提出挑战的天主教方面辩称,该政策要求他们以违背自身宗教价值观为条件,才能参与幼儿园项目和获得资金。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

父母权利在国际伦理护理伙伴公司诉弗格森案中,华盛顿州修改了法律,推迟庇护所在通知父母其子女为“性别肯定治疗”的离家出走儿童时的义务——这是针对虐待家庭儿童的标准做法。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

相反,儿童、青年和家庭部将首先收到通知。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

第九巡回上诉法院因缺乏诉讼资格而驳回了该案中父母提出的主张。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

十二人陪审团的权利在基安诉在佛罗里达州,整脊师哈梅德·基安(Hamed Kian)因五项与持暂停执照执业相关的罪名被定罪。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

根据佛罗里达州法律,他由一个六人陪审团进行审判。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

基安辩称,该法律侵犯了他依据第六修正案享有的由十二名成员组成的陪审团的权利。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

我们中的一些人正在关注另外几起案件。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

不出所料,我最关注的两起案件都与言论自由有关。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

最高法院尚未决定是否受理“D.A.诉三县学区案”(D.A. v. Tri-County Area Schools),在该案中,第六巡回上诉法院维持了学校禁止高中生穿着印有“让我们去布兰登”(Let’s Go Brandon)字样卫衣的禁令。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

在我们许多言论自由领域的观察者看来,该案正在酝酿成为一项重大的第一修正案裁决。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

我们中的一些人也希望最高法院受理“Tiny Zaps诉特拉克斯勒案”(Tiny Zaps v. Traxler),该案涉及禁止在面部、颈部或头部纹身的规定,以及禁止在教堂、学校或游乐场1000英尺范围内设立纹身店的规定。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

南卡罗来纳州最高法院维持了该项禁令,这可能会使最高法院得以加强针对“身体艺术”的言论自由保护。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

已故大法官露丝·巴德·金斯伯格(Ruth Bader Ginsburg)曾言:“在最高法院,很难不迎来一个意义非凡的年份。”

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

这确实如此,但本任期已经颇具分量,而在今年一月之前,最高法院仍有大量案件席位待填。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

乔纳森·特利(Jonathan Turley)是一位法学教授,讲授宪法与最高法院相关课程,同时也是畅销书《愤怒与共和国:美国革命未竟的故事》(Rage and the Republic: The Unfinished Story of the American Revolution)的作者。

October is when hype meets reality. In baseball, the final teams are sorted out for the playoffs, and your football teams are well into the winnowing-out process for the Super Bowl. For court nerds, the start of the October term at the Supreme Court can have a similar dynamic, as long-watched cases finally come up for oral argument. Although the court continues to accept cases on a rolling basis, this term is looking like another blockbuster, with cases that range from climate change to gun rights to parental rights. The odds of making the oral argument docket make the NFL season look like a walk in the park. After thousands of petitions, the Supreme Court accepts on average between 70-80 cases for the coveted "writ of certiorari." If you are a lower-court judge with an appealed case, this is one Super Bowl you would probably prefer to skip. The court generally reverses the cases it accepts for review. Last term, it had a 71 percent rejection rate, slightly up from the prior year. This year already has a number of major cases that are likely to have transformative impacts on the law and society. Here are a few. Climate Change In Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder sued energy companies under theories of public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that they knowingly contributed to climate change while misleading the public about its impacts.” The Colorado Supreme Court ruled for the city and the county in finding that such lawsuits are not barred by federal preemption. If the case is allowed to go forward, it would expose companies to potentially thousands of climate change lawsuits. Gun Rights October is already shaping up as a major Second Amendment term. Democratic cities and states have been banning the AR-15, the most popular rifle in the U.S., and the 9mm semi-automatic handgun, the most popular handgun in the U.S. These cases out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) will likely give long-awaited clarity on these bans. They could potentially close off a major circumvention of prior rulings to achieve sweeping gun control policies. In addition to these cases, the court is considering the possible review of Calce v. New York. In that case, the Second Circuit upheld a stun gun ban. The court previously sent back a similar case out of Massachusetts after the First Circuit ignored prior rulings. The court stressed that the fact that a weapon did not exist at the time of the ratification of the Second Amendment (such as "electric arms") does not mean that they fall outside of the constitutional protections. The addition of Calce would make this one of the most momentous Second Amendment terms in history. Parochial Schools and Religious Discrimination The court will return to another parochial school controversy this term. In prior cases, the court has repeatedly stepped in to prevent states from discriminating against religious schools in voucher or subsidy programs. In St. Mary Catholic Parish v. Roy, the Tenth Circuit upheld a Colorado provision that requires all preschools to agree not to discriminate on the “race, religious affiliation, sexual orientation, gender identity, income, or disability.” The Catholic challengers are arguing that the policy requires them to violate their religious values as a condition for participating in the preschool program and funding. Parental Rights In International Partners for Ethical Care, Inc. v. Ferguson, Washington amended its laws to delay shelters in notifying parents of a runaway child who has “gender-affirming treatment” — the standard used for children in abusive homes. Instead, the Department of Children, Youth, and Families is first notified. The Ninth Circuit rejected parental claims raised in the case due to a lack of standing. The Right to a 12-Member Jury In Kian v. Florida, chiropractor Hamed Kian was convicted of five counts related to practicing with a suspended license. Pursuant to Florida law, he was tried by a six-person jury. Kian argues that the law violated his Sixth Amendment right to a jury of 12 members. Some of us are watching a few other cases. Not surprisingly, my two favorites deal with the freedom of speech. The court has yet to decide whether to accept D.A. v. Tri-County Area Schools in which the Sixth Circuit upheld a school ban on high school students wearing "Let’s Go Brandon" sweatshirts. In the view of many of us in the free-speech community, the case is a major potential First Amendment ruling in the making. Some of us also hope that the court will take up Tiny Zaps v. Traxler, which deals with a ban on tattoos on the face, neck, or head as well as a ban on tattoo parlors within 1,000 feet of churches, school, or playgrounds. The South Carolina Supreme Court upheld the ban, and it could allow the court to reinforce free-speech protections for “body art.” The late Justice Ruth Bader Ginsburg once said, “It's hard not to have a big year at the Supreme Court.” That is certainly true, but this term is already pretty big, and the court still has plenty of slots to fill before January. Jonathan Turley is a law professor who teaches a class on the Constitution and the Supreme Court and is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”