Bloomberg Law SCOTUS Cases: Transgender Athletes, Death Penalty & Guns
Dec 3, 2025
Join constitutional law experts David Super and Harold Krent as they dive into critical Supreme Court cases. Super delves into the implications of the death penalty for inmates with conflicting IQ scores and the legal challenges faced by transgender athletes in light of recent bans. Krent discusses the Third Circuit's ruling on the illegal appointment of Alina Habba as New Jersey's U.S. Attorney and its impact on prosecutorial practices. Their insights illuminate the complexities of constitutional law and the evolving landscape of civil rights.
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Platform Liability Is A Close Call
- Internet intermediaries can be held accountable for facilitating illegal activity when they knowingly enable it.
- David Super says the Court may balance property rights and platform immunity in close cases like Cox v. Sony Music.
Federal Forum Limits Matter In Pregnancy Cases
- State investigations into pregnancy centers raise federalism and forum-shopping questions.
- David Super expects courts to generally require challengers to use state-court procedures rather than run to federal court.
Tactical Bars To Federal Civil-Rights Suits
- Tactical rules bar some civil-rights challenges from federal court when they duplicate criminal appeals.
- The preacher's case tests whether prior fines prevent a standalone civil-rights suit.