Judicial Branch Archives - Close Up Foundation

Civil Rights & Individual Liberties Constitutional Issues Equality Judicial Branch Social Issues

The Supreme Court Weighs the First Amendment and Minority Rights

December 16, 2022

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

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

December 02, 2022

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

Will the Supreme Court End Affirmative Action?

November 03, 2022

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

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

November 04, 2021

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

Brackeen v. Haaland: Challenging the Indian Child Welfare Act

October 27, 2021

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

Supreme Court Preview: The 2021-2022 Term

October 05, 2021

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

Texas S.B. 8 and the Future of Reproductive Rights

September 29, 2021

In a 5-4 decision, the Supreme Court declined to review a new Texas law (S.B. 8) restricting abortion access in the state after six weeks of pregnancy. Under the provisions of the law, women in Texas are legally prohibited from receiving an abortion, doctors are prohibited from performing an abortion, and third parties (such as […]

Historic Second Impeachment, Part One: Questions of Constitutionality and Unity

February 03, 2021

Last week, the House of Representatives delivered an article of impeachment to the Senate, accusing former President Donald Trump of inciting violence against the U.S. government on the basis of his actions relating to the January 6 storming of the Capitol.1 Already the first U.S. president to be impeached twice, President Trump will also become […]

Executive Privilege and the Supreme Court

May 18, 2020

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

Coronavirus, Prisons, and Detention Centers

March 24, 2020

In the face of the spreading COVID-19 pandemic, government officials and medical experts are calling on people all over the world to practice social distancing.1 In general, this means canceling events and gatherings, avoiding large groups and crowds, and, when possible, staying home. Many people are working from home,2 schools have closed or moved online,3 and […]