SCOTUS Cert Recap: Indian Law, Affirmative Action, Federal Court Jurisdiction, and the Clean Water Act
Highlights
On Jan. 21 and 24, the Supreme Court agreed to hear five cases, which present the following questions:
Does a state have authority to prosecute non-Indians who commit crimes against Indians in Indian country?
Under what circumstances, if any, may institutions of higher education use race as a factor in admissions?
Do federal district courts have jurisdiction to hear constitutional challenges to the Federal Trade Commission’s structure, procedures, and existence?
What test should determine when wetlands are “waters of the United States” and are therefore subject to federal regulation under the Clean Water Act?
The U.S. Supreme Court emerged from its January conference issuing orders in which it agreed to consider four major issues: 1) the extent of states’ authority to prosecute crimes committed in Indian country, 2) the lawfulness of affirmative action in college admissions, 3) federal district courts’ jurisdiction to hear constitutional challenges to administrative agencies, and 4) the scope of federal regulatory authority over wetlands under the Clean Water Act.
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