SUNDAYS AT JASA FALL 2025 SEMESTER

The Supreme Court: When Law and Politics Collide
Mondays at 10:00 a.m. – 11:15 a.m. 
Virtual Class on Zoom Beginning September 29
Instructor: Leora Harpaz
Email - lharpaz@lharpaz.com

Course Description:

This course will examine the Supreme Court's recent actions in areas of political significance That was certainly true of many of the cases the Court decided during its 2024-25 Term in which President Trump scored major victories with the 6 conservatives on the Court in the majority and only the 3 liberals dissenting. Topping the list was the Court’s decision to severely limit the ability of lower federal courts to issue nationwide injunctions rather than relief that only applies to the parties before the Court, allowing the Trump administration to continue its challenged actions in other parts of the country. In addition, the Court decided cases that expanded religious liberty, limited free speech, upheld a ban on gender-affirming medical care for transgender teenagers, and allowed a state to end public funding for Planned Parenthood. While the Term involved victories for the President, there were also important cases where conservatives joined with liberal justices to form a majority. In addition to cases on the Court’s regular docket, the Court decided many cases that came to the Court as emergency applications, the Trump administration’s favorite method of quickly reaching the Supreme Court when it loses in a lower court. Finally, there are already major cases that the Court will hear during the 2025-26 Term which will be discussed.

Instructor Bio:
Leora Harpaz is an emeritus professor of constitutional law at Western New England University School of Law as well as founder of the annual Supreme Court Conference where she was a speaker for over 25 years. Since receiving emeritus status, she has been an instructor in several senior learner programs and taught undergraduate law courses in the political science department at Hunter College. She received her B.A. from Stony Brook University and has law degrees from both Boston University and New York University.


Suggestions:
I welcome your suggestions for other subjects you’d like to hear about. Please use the following link if you would like to make suggestions for topics you would like covered in upcoming classes:
http://www.lharpaz.com/ContinuingEd/JASA/suggestions/


Class 8 - Nov.17, 2025


SECTION 2 OF THE VOTING RIGHTS ACT

42 U.S.C. § 1973. Denial or abridgement of right to vote on account of race or color through voting qualifications or prerequisites; establishment of violation.

a) No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State or political subdivision in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in subsection (b) of this section.

(b) A violation of subsection (a) of this section is established if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) of this section in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. The extent to which members of a protected class have been elected to office in the State or political subdivision is one circumstance which may be considered: Provided, That nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population.


Lindsay Hecox photo- The Washington Post


Classes 6 & 7 - Nov. 3 & Nov. 10, 2025

No material posted for these classes.


Class 5 - Oct. 27, 2025


Mahmoud v. Taylor


Justice Alito's instructions on remand:


“The Board’s introduction of the ‘LGBTQ+-inclusive’ storybooks, along with its decision to withhold opt outs, places an unconstitutional burden on the parents’ rights to the free exercise of their religion. The parents have therefore shown that they are likely to succeed in their free exercise claims. They have likewise shown entitlement to a preliminary injunction pending the completion of this lawsuit. In the absence of an injunction, the parents will continue to be put to a choice: either risk their child’s exposure to burdensome instruction, or pay substantial sums for alternative educational services. As we have explained, that choice unconstitutionally burdens the parents’ religious exercise, and ‘[t]he loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.’ Furthermore, in light of the strong showing made by the parents here, and the lack of a compelling interest supporting the Board’s policies, an injunction is both equitable and in the public interest. The petitioners should receive preliminary relief while this lawsuit proceeds. Specifically, until all appellate review in this case is completed, the Board should be ordered to notify them in advance whenever one of the books in question or any other similar book is to be used in any way and to allow them to have their children excused from that instruction.
The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.”



Dissent by Justice Sotomayor:

“Public schools, this Court has said, are ‘at once the symbol of our democracy and the most pervasive means for promoting our common destiny.’ They offer to children of all faiths and backgrounds an education and an opportunity to practice living in our multicultural society. That experience is critical to our Nation’s civic vitality. Yet it will become a mere memory if children must be insulated from exposure to ideas and concepts that may conflict with their parents’ religious beliefs.

Today’s ruling ushers in that new reality. Casting aside longstanding precedent, the Court invents a constitutional right to avoid exposure to ‘subtle’ themes ‘contrary to the religious principles’ that parents wish to instill in their children. Exposing students to the ‘message’ that LGBTQ people exist, and that their loved ones may celebrate their marriages and life events, the majority says, is enough to trigger the most demanding form of judicial scrutiny. That novel rule is squarely foreclosed by our precedent and offers no limiting principle. Given the great diversity of religious beliefs in this country, countless interactions that occur every day in public schools might expose children to messages that conflict with a parent’s religious beliefs. If that is sufficient to trigger strict scrutiny, then little is not.

The result will be chaos for this Nation’s public schools. Requiring schools to provide advance notice and the chance to opt out of every lesson plan or story time that might implicate a parent’s religious beliefs will impose impossible administrative burdens on schools. The harm will not be borne by educators alone: Children will suffer too. Classroom disruptions and absences may well inflict long-lasting harm on students’ learning and development.

Worse yet, the majority closes its eyes to the inevitable chilling effects of its ruling. Many school districts, and particularly the most resource strapped, cannot afford to engage in costly litigation over opt-out rights or to divert resources to tracking and managing student absences. Schools may instead censor their curricula, stripping material that risks generating religious objections. The Court’s ruling, in effect, thus hands a subset of parents the right to veto curricular choices long left to locally elected school boards. Because I cannot countenance the Court’s contortion of our precedent and the untold harms that will follow, I dissent.”



Class 4 - Oct. 20, 2025

No material used for this class.


Class 3 - Oct. 13, 2025


The International Emergency Economic Powers Act - IEEPA

50 U.S. Code § 1701
(a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.

50 U.S. Code § 1702
The President may:
(B) . . . regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States;
 



Free Speech Coalition v. Paxton

The Unprotected Speech Category of Obscenity:

As defined in 1973 by Miller v. California’s three prong test, to be obscene material must:
(1) be a work that the average person, applying contemporary community standards would find, taken as a whole, appeals to the prurient interest and (2) the work must depict or describe, in a patently offensive way, sexual conduct specifically defined by the applicable obscenity law, and (3) the work, taken as a whole, must lack serious literary, artistic, political or scientific value.
. . . .

We emphasize that it is not our function to propose regulatory schemes for the States. That must await their concrete legislative efforts. It is possible, however, to give a few plain examples of what a state statute could define for regulation under part (b) of the standard announced in this opinion, supra: (a) Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; (b) Patently offensive representations or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals.


Dissent by Justice Kagan:

A law like H. B. 1181 might well pass the strict-scrutiny test, hard as it usually is to do so. . . .[E]veryone agrees that shielding children from exposure to the sexually explicit speech H. B. 1181 targets is a compelling state interest. And Texas might be right in arguing that it has no less restrictive way to achieve that goal: It is difficult, as everyone also agrees, to limit minors’ access to things appearing on the internet. If H. B. 1181 is the best Texas can do—meaning, the means of achieving the State’s objective while restricting adults’ speech rights the least—then the statute should pass First Amendment review. ¶But what if Texas could do better—what if Texas could achieve its interest without so interfering with adults’ constitutionally protected rights in viewing the speech H. B. 1181 covers? That is the ultimate question on which the Court and I disagree. 

“The critical question, then, is whether the State can show that the proposed alternatives will not be as effective as the challenged statute. If the State cannot, the statute should not take effect, because it would limit protected speech unnecessarily. There would be every reason to make the State switch to a less-speech-restrictive, equally-or-more-effective regulatory mechanism. But a State that has closely attended to the speech consequences of its regulation might well make the required showing in this sphere. Given how the internet works, no court should expect that a law effectively shielding children from sexually explicit expression could leave adults wholly unaffected. To the contrary, such a law will almost necessarily impose corollary burdens. And Texas may be right that the commonly proposed alternatives to laws like H. B. 1181—such as content filtering technology—cannot equal, or even approach, age verification systems in effectiveness. In that event, those alternatives will be irrelevant to the inquiry, and a court will explore only whether another, equally effective age verification mechanism will place a lesser burden on protected speech. Review of that kind should not be the horror show for Texas and other States that the majority maintains. It is just what they should have to pass before implementing a content-based burden on protected expression.”

First Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances".



Class 2 - Oct. 6, 2025



Fourteenth Amendment
Section 1

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

Executive Order 14160 - Jan. 20, 2025

Protecting the Meaning and Value of American Citizenship

. . . .

Sec. 2. Policy. (a) It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
(b) Subsection (a) of this section shall apply only to persons who are born within the United States after 30 days from the date of this order.


The International Emergency Economic Powers Act
- IEEPA

50 U.S. Code § 1701
(a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.

50 U.S. Code § 1702
The President may:
(B) . . . regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States;
 



Class 1 - Sept. 29, 2025

Fourteenth Amendment
Section 1

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

Executive Order 14160 - Jan. 20, 2025

Protecting the Meaning and Value of American Citizenship

. . . .

Sec. 2. Policy. (a) It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
(b) Subsection (a) of this section shall apply only to persons who are born within the United States after 30 days from the date of this order.


The International Emergency Economic Powers Act
- IEEPA

50 U.S. Code § 1701
(a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.


50 U.S. Code § 1702
The President may:
(B) . . . regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States;