The horrific mass killing of elementary schoolchildren in Newtown, Connecticut has served as another reminded that the United States is an unusually violent country. And the evidence is overwhelming that lax regulations of private firearms plays a major role in this unnecessarily high rate of violent death. And yet, it is very unlikely that any federal legislation will be passed in response to the Newtown killings, let alone regulations comparable to those in other liberal democracies.
The most hotly-debated issue with respect to the Supreme Court's announcement that it will hear two major gay-rights cases is whether it will decide the cases at all. In addition to the crucial substantive issues relating to the constitutional status of sexual orientation, the Court has asked the parties in both the DOMA and Prop.
The Supreme Court has announced that it will be hearing both of the major gay-rights cases it was considering this term. Facing constitutional scrutiny are key provisions of the federal Defense of Marriage Act, which prohibits the federal government from recognizing same-sex marriages performed in the states, and California's Proposition 8, which banned same-sex marriage in the state. When combined with the major affirmative-action and voting-rights cases the court will also be handing down this term, this could be the most consequential Supreme Court term in decades.
The 1938 Fair Labor Standards Act (FLSA), which ushered in many of the worker protections we enjoy today, was a major progressive victory. But as the century that followed it shows, it was by no means the end of the struggle to get workers treated fairly. Employers, aided by conservatives in the executive and judicial branches, have often found ways of ensuring these laws are not fully enforced. Symczyk v. Genesis Healthcare Corp., which the Supreme Court considered yesterday at oral argument, presents another case in which conservatives on the Supreme Court might erect a barrier making FLSA harder to enforce.
Yesterday, the Eighth Circuit Court of Appeals issued a stay blocking the Obama administration's requirement that employer health-insurance plans cover contraception. The related suit was filed by Frank O'Brien, a Roman Catholic business owner who claimed that the mandate violated his rights under the free exercise clause of the First Amendment.