The mystery of Fisher II review

The volatile constitutional issue of race as a factor in selecting the entering classes at public universities and colleges returns to the Supreme Court next Term, but it is far from clear at this point just why the Justices are stepping back into that enduring controversy, and where it will end up.  The Court has a wide range of options on how to decide a new case involving the University of Texas, and lawyers — perhaps necessarily doing some guesswork — may find it quite challenging to shape their written arguments to cover that range.
The Court, of course, never explains fully at the outset why it is taking on a case, although it sometimes rewrites the legal questions either to suit its own preference or to narrow the scope of what it plans to decide.  But, if it

Original SCOTUS article

The ACA birth-control controversy, made simple

Amid widening claims that religious liberty in America is under siege, the Supreme Court over the past year and and a half has reacted eight times to one of the most intense and emotionally charged conflicts within that broader controversy.  Only once has the Justices’ reaction to that particular conflict led to a full-scale decision, and yet all of its actions, taken together, do stand for something.
This is the controversy over the contraceptive, or birth-control, mandate in the Affordable Care Act – a high-stakes legal feud that has been unfolding in scores of lawsuits across the country.  It has been running for five years, and so is further along than the just-beginning conflict over the impact on religious belief of the Court’s same-sex marriage ruling last month.
The opposite sides in the birth-control dispute for years have been talking past

Original SCOTUS article