Boss Emily Bazelon Around
Which classic Supreme Court decision should she write about?
Why are these cases interesting?
University of California Regents v. Bakke: This 1979 case is the foundation of affirmative action law. It will loom large in Fisher v. University of Texas-Austin, this year’s huge case about race-conscious college admissions.
Bowers v. Hardwick: In this 1986 decision, the Supreme Court took a wrong turn and upheld a state law banning sodomy (even the private, consensual kind). If the court takes a case about same-sex marriage this year, this old rotten chestnut will be very much in play.
Michigan v. Summers: The Supreme Court ruled in 1981 that police searching a home for illegal substances may detain the owner. This term, the court will decide whether to extend that rule to allow the police to stop and search a homeowner who has left the vicinity.
Quality King Distributors, Inc. v. L’anza Research International Inc.: The sleeper case of the coming year, I swear, is about textbooks. Supap Kirtsaeng is a Thai doctoral student sued for copyright infringement by the publisher John Wiley & Sons for reselling on the Web copies of U.S. textbooks sent to him by friends and family in Thailand. The case I need to understand, to decide what I think about Kirtsaeng’s, is Quality King, a 1998 decision about goods made in the United States and purchased abroad for resale here. That time around, it was shampoo bottles. Are you hooked yet?
South Carolina v. Katzenbach: This 1966 Warren Court classic upheld the Voting Rights Act a year after it passed. It will be on the chopping block—potentially—if the court takes one of the challenges to the part of the Voting Rights Act that requires some Southern states to clear their redistricting plans with the Justice Department. It sounds dry but it’s about race, elections, and democracy. The big stuff.
Emily Bazelon is a Slate senior editor and writes about law, family, and kids. She is also the Truman Capote Fellow at Yale Law School and a contributing writer for the New York Times Magazine. Her new book is Sticks and Stones: Defeating the Culture of Bullying and Rediscovering the Power of Empathy and Character. Find her at firstname.lastname@example.org or on Facebook or Twitter.