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Supreme Court considers parents’ efforts to exempt children from books with LGBTQ themes

 at 12:56 p.m.

In their case before the court on Tuesday, a group of Maryland parents tell the justices that their children’s Board of Education violated the First Amendment when it blocked parents from removing students from school for instruction with LGBTQ-themed storybooks. But Montgomery County Public Schools argues that neither parents nor students have been coerced to change their religious beliefs, the necessary bar to establish a claim under the free exercise clause.

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ARGUMENT ANALYSIS

Court appears to back legality of HHS preventative care task force

 at 8:37 p.m.

At oral argument on Monday, the justices appeared unlikely to side with plaintiffs arguing that a Department of Health and Human Services task force that recommends preventative services for coverage by private insurance at no additional cost is unconstitutional. The plaintiffs brought their challenge over the 2019 recommendation of the HIV preventative drugs known as PrEP, but the justices were primarily focused on the constitutional question on Monday and only brought up the drugs once.

SCOTUS NEWS

Justices take up Texas woman’s claim against USPS

 at 6:34 p.m.

The court granted one new case on Monday, a Texas woman’s claim that a U.S. Postal Service employee intentionally failed to deliver mail to the property she owns. The justices will hear U.S. Postal Service v. Konan in the fall. The court also called for the government’s views in a case brought against Home Depot under the Employee Retirement Income Security Act.

Petitions of the week

Montana asks justices to revive parental-consent abortion law for minors

 at 5:17 p.m.

A weekly look at new and notable petitions seeking Supreme Court review. This week: Montana asks the justices to review a ruling by its state supreme court that struck down a law requiring minors to get consent from their parents before obtaining an abortion. The state contends that lower courts are divided over the extent to which parents have “the right to know and participate in their minor child’s major healthcare decisions.”

Advocates in Conversation

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San Francisco City Attorney David Chiu discusses City and County of San Francisco v. EPA, in which the court is considering whether the Environmental Protection Agency violates the Clean Water Act when it imposes generic prohibitions in a permit for a city’s water discharges, without specifying explicit standards for discharges.   
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WHAT WE’RE READING

The morning read for Tuesday, April 22

By Ellena Erskine | April 22, 2025

We’re expecting one or more opinions from the Supreme Court this morning at 10 a.m. EDT. Join us for the live blog and on TikTok. Following the opinion announcements, the court will hear oral arguments in two case. In Commissioner of Internal Revenue v. ZuchJennifer Zuch said she paid her taxes but, insisting she hadn’t, the IRS imposed a levy on her property and withheld her annual tax refunds. The justices will consider whether a lower court was right to dismiss the proceeding tax suit when Zuch argues she still has the right to demand her withheld funds. And in Mahmoud v. Taylor, the court will consider a group of Maryland parents’ effort to exempt their children from public school lessons with LGBTQ-themed books.

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Tuesday morning read:

WHAT WE’RE READING

The morning read for Monday, April 21

By Ellena Erskine | April 21, 2025

The Supreme Court kicks off the final argument of the 2024-25 term today with arguments in Kennedy v. Braidwood Management and Parrish v. U.S. Read Amy Howe on Braidwooda dispute over a group’s objection to the HHS task force that determines which preventive services, such as the HIV prevention drugs known as PrEP, must be covered by the Affordable Care Act.

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Monday morning read:

EMERGENCY DOCKET

Justices temporarily bar government from removing Venezuelan men under Alien Enemies Act

By Amy Howe | April 19, 2025

This article was updated on April 20 at 6:36 a.m.

Over a dissent by two of the court’s conservative justices, the Supreme Court temporarily barred the Trump administration from removing a group of Venezuelan men currently in immigration custody in the northern region of Texas under an 18th century wartime law. The prohibition came in an unusual overnight order that followed a Friday evening appeal from lawyers representing the men, who told the justices that “dozens or hundreds” of detainees “are in imminent and ongoing jeopardy of being removed from the United States without notice and opportunity to be heard, in direct contravention of” a ruling by the justices less than two weeks ago.

In a brief unsigned order released to reporters just before 1 a.m. Saturday morning, the court noted that the dispute “is currently pending before” the U.S. Court of Appeals for the 5th Circuit. Once that court acts, the court explained, Solicitor General D. John Sauer should file a response in the Supreme Court to the detainees’ request to block their removal “as soon as possible.” (After the justices issued their order, the 5th Circuit turned down the detainees’ request for a stay, calling it “premature.”) But, the court emphasized in clear language, the government should not “remove any member of the putative class of detainees from the United States until further order of this Court.”

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CASE PREVIEW

Court to hear challenge to ACA preventative-care coverage

By Amy Howe | April 18, 2025

The Supreme Court will hear oral arguments on Monday in yet another dispute over the separation of powers. The case is a challenge to the constitutionality of the structure of a relatively obscure section of the Department of Health and Human Services. But although the issue may sound like a technical one, the court’s ruling could have real-world implications for U.S. patients – particularly those who use the highly effective HIV-prevention drugs at the center of the dispute.

Under the Affordable Care Act, health insurers and group health plans must cover “preventive health services” at no additional cost to the patient. The Affordable Care Act does not specify what those “preventive health services” are. Instead, the law gives the U.S. Preventive Services Task Force – an independent panel of experts – the power to determine which preventive services insurers must cover.

The task force is made up of 16 volunteers, each of whom serves a four-year term. Members of the task force and their recommendations are required by law to be “independent, and to the extent practicable, not subject to political pressure.”

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WHAT WE’RE READING

The morning read for Friday, April 18

By Ellena Erskine | April 18, 2025