Is the First Amendment Another Victim of Partisan Politics?
Supreme Court Review Conference 2018
Professor Leora Harpaz

1. Gill v. Whitford, 138 S.Ct. 1916 (June 18, 2018) (9 to 0) (opinion by Chief Justice Roberts) (holding that the plaintiffs lacked standing to raise voter dilution challenges to partisan gerrymnandering in the 2010 redistricting of the Wisconsin legialature and, in a concurring opinion by Justice Kagan, suggesting an alternative First Amendment theory to support a partisan gerrymanding lawsuit).

2. Janus v. American Federation of State, County and Municipal Employees, Council 31, 138 S.Ct. 2448 (June 24, 2018) (5 to 4) (opinion by Justice Alito) (overruling Abood v. Detroit Board of Education and concluding that requiring agency fees to be paid by public-sector employees who are non-union members in lieu of union dues violates the First Amendment by compelling employees to support speech they find objectionable).

3. Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 138 S.Ct. 1719 (June 4, 2018) (7 to 2) (opinion by Justice Kennedy) (ruling that the First Amendment's Free Exercise Clause was violated by a decision by the Colorado Civil Rights Commission that demonstrated religious bias in its interpretation of Colorado's Anti-Discrimination Act to require that a baker provide a wedding cake for a same-sex couple over the baker's religiously rooted objection).

4. Minnesota Voters Alliance v. Mansky, 138 S.Ct. 1876 (June 14, 2018) (7 to 2) (opinion by Chief Justice Roberts) (striking down Minnesota's broad ban on the wearing of political messages on hats, t-shirts, buttons, jackets, and other clothing to poling places on Election Day as a violation of the First Amerdment).

5. National Institute of Family and Life Advocates (NIFLA) v. Becerra, 138 S.Ct. 2361 (June 26, 2018) (5 to 4) (opinion by Justice Thomas)(finding that petitioners are likely to succeed on the merits of their claim that the California FACT Act compels clinics that oppose abortion to disclose information that interferes with the communication of their pro-life views in violation of the First Amendment).

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