Symposium: Extrapolating from Fisher — Racial preferences forever

SCOTUSblog

Thirteen years to the day after the Supreme Court said “[w]e expect that 25 years from now, the use of racial preferences [in university admissions] will no longer be necessary,” the Court on Thursday paved the way for perpetuating such preferences for many decades, perhaps centuries. Unless the next two Supreme Court appointees are strong opponents of racial preferences — a most unlikely prospect — the Court’s role since the 1978 Regents of the University of California v. Bakke decision as a modest restraint on use of such preferences is at an end. To be sure, Justice Anthony Kennedy’s opinion for […]

It’s Time to Improve Affirmative Action

National Journal

Now that the Supreme Court has blessed racial preferences, universities should be transparent about the costs and benefits to intended beneficiaries. By making clear that racial affirmative-action preferences in higher-education admissions are likely to have the Supreme Court’s blessing for many decades to come, the Court might—just might—have set the stage for a more candid and constructive public discussion about how to make preferences work more effectively for the intended beneficiaries. The June 23 decision should end the siege mentality among defenders of racial preferences—and that, in turn, should lead to much-needed transparency and honesty about the costs as well […]

Debate: The Equal Protection Clause Forbids Racial Preferences in State University Admissions

Intelligence Squared Debate via YouTube
Stuart Taylor, Jr. in a Dec. 3, 2015 debate.

In an Oxford-style Intelligence Squared debate held on December 3, 2015, Roger Clegg of the Center for Equal Opportunity and I argued for the proposition that “The Equal Protection Clause forbids racial preferences in state university admissions.” You can watch video of the debate at IntelligenceSquaredUs.org or via Intelligence Squared’s YouTube channel. The transcript may be read online at IntelligenceSquaredUS.org.

Court Shows Judicial Restraint, Rejects Threat to Obamacare Subsidies

DecodeDC (WKBW.com)

WASHINGTON, D.C. – Six Supreme Court justices Thursday came down for common sense and judicial self-restraint by rejecting, over bitter dissents, a legal challenge that had threatened to cripple President Obama’s Affordable Care Act in 34 states. Because the court sided with the president, Obamacare will continue in effect with no change from the current pattern of distributing to many millions of low-and-middle-income people in all 50 states the premium subsidies (in the form of tax credits) that make health insurance affordable for many or most of them.

Why Did The Supreme Court Uphold The Health Law’s Subsidies?

Interview with Kaiser Health News

The Supreme Court Thursday upheld a key part of the 2010 health law – tax subsidies for people who buy health insurance on marketplaces run by the federal government. KHN’s Mary Agnes Carey discusses the decision with Stuart Taylor Jr., of the Brookings Institution, and KHN’s Julie Appleby.

What The Hobby Lobby Decision Means For Employers

Kaiser Health News

KHN’s Mary Agnes Carey and legal analyst Stuart Taylor discuss Monday’s ruling on the health law’s contraception mandate, examining what the decision could mean for future challenges to the law. MARY AGNES CAREY: Welcome. I’m Mary Agnes Carey. By a vote of 5 to 4, the Supreme Court has ruled that family-owned, closely held corporations do not have to comply with the health law’s contraception coverage requirements if they violate the owner’s religious views. Legal analyst Stuart Taylor Jr. joins us now to discuss the decision. Thanks for being with us. STUART TAYLOR: Nice to be with you. MARY AGNES […]

Justices To Weigh Contraceptive Mandate Against Religious Freedom Claims

Kaiser Health News

The Affordable Care Act, which the Supreme Court partially upheld in 2012 when it issued one of the most important decisions in decades, has spawned more litigation — topped by two consolidated cases that could become the justices’ biggest ruling on religious liberty in years. The oral arguments regarding the law’s contraception coverage mandate, slated for March 25, will be a rematch between two lawyers who squared off in the first health law challenge — Obama administration Solicitor General Donald B. Verrilli Jr. and former Bush administration Solicitor General Paul Clement. The key question is whether privately owned businesses can be hit with […]

Will This Man Make Gay Marriage Legal Everywhere?

The Daily Beast

Stuart Taylor, Jr. Stuart Taylor, Jr. facebook tweet post 5-402.22.1411:21 AM ET Can This Man Make Gay Marriage Legal Everywhere? Justice Anthony Kennedy has more power than any president or justice in history to decree the law of the land. Agree with him or not, there is something wrong with this picture. Federal district courts around the country have been ordering states at a surprisingly rapid clip to endorse (not merely tolerate) gay marriage in the months since the Supreme Court passed up an opportunity to do so last June. This may give the impression that the judges are merely […]

More ACA Lawsuits: The ‘Contraceptive Mandate’ Versus Religious Freedom (Analysis)

Kaiser Health News

The Supreme Court famously upheld most of the Affordable Care Act in June. But in a year or two we may see another riveting Supreme Court drama growing out of the health law, this one driven by the passionate objections of many religious employers to the so-called contraceptive mandate. An Obama Administration regulation requiring that many employers — including religious employers — provide insurance without copays or deductibles that covers a wide range of contraceptives, including sterilization, as part of women’s preventive health care. Religious groups decry it as an extreme attack on their freedom. Already, more than 40 lawsuits have […]