A panel of Supreme Court experts will discuss major cases to be argued this fall. Cases to be discussed include those on affirmative action in higher education, same-sex weddings and compelled speech, prioritizing Native American adoptive parents in cases involving Native American children, the independent state legislature theory, and when art is transformative under the copyright laws.

CASES FOR DISCUSSION

Students for Fair Admissions Inc. v. Harvard College & University of North Carolina, Nos. 20-1099, 21-707
Whether the Court should overrule Grutter v. Bollinger and hold that institutions of higher education cannot use race as a factor in admissions.

303 Creative LLC v. Elenis, No. 21-476
Whether applying a public-accommodations law to compel an artist to speak or stay silent violates the free speech clause of the First Amendment.

Moore v. Harper, No. 21-1271
Whether the Constitution’s Elections Clause incorporates the “independent state legislature theory” and prohibits a state court from invalidating a state legislature’s regulation governing federal elections on the grounds that it violates the state’s constitution.

Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869 

Whether a work of art is transformative when it conveys a different meaning or message from its source material.

Haaland v. Brackeen, No. 21-376, consolidated with Nos. 21- 377, 21-378, 21-380

Whether the Indian classifications used in the Indian Child Welfare Act and its implementing regulations violate the Fifth Amendment’s equal-protection guarantee. 

For a broad discussion of cases currently on the Court’s docket, please consult the Supreme Court Institute’s October Term 2022 Preview Report, available on the Institute’s website.