Coming off the decisions in the landmark Dobbs and Bruen cases, the rest of the term might seem anticlimactic. Nevertheless, as the shelf is being cleared of the remaining cases, there are still rulings of significance to come. As the week opened, one of them—a religious freedom case—likely didn't surprise anyone who listened to the oral argument or, indeed, who has been paying attention to the conservative Justices having changed the valences in religious liberty cases. The other two cases decided on the opening day of the week were both criminal cases of limited interest, but important nevertheless.
Further evidencing an ongoing shift from more absolutist thinking about the intersection between the First Amendment's Establishment Clause and an individual's or group's right of free speech, we find this morning's unanimous decision in Shurtleff v. Boston in which the Court, reversing the First Circuit, held that the city of Boston violated the free speech clause of the First Amendment when it refused to let a group fly a Christian flag outside city hall. As Justice Breyer explained, in what will be among the last of his opinions:
Blog Editors
Recent Updates
- Sentencing Commission Seeks Public Input on Amendments to Fraud Sentencing Guidelines
- Agentic AI’s Next Iteration: From Super-AIs to Teams of Specialized Agents — and What It Means for Law & Business
- Divided Court Clarifies Limits on Federal Habeas Appeals - SCOTUS Today
- A Pattern of Uncertainty: Judicial Decision-Making During Federal Shutdowns
- Navigating FDA’s Stance on DSHEA Disclaimer Placement