Last week, in a win for local governments, the Supreme Court held 6-3 in Vega v. Tekoh, that an individual may not bring a Section 1983 claim based on an alleged improper admission of an unMirandized statement during a criminal prosecution. This case involves a deputy sheriff's investigation of sexual assault allegations. Deputy Vega believed his questioning was non-custodial and he did not Mirandize the suspect—Terence Tekoh—prior to asking questions about what had happened. Tekoh ultimately agreed to write down what...
Yesterday, the Supreme Court held in a 6-3 decision in Kennedy v. Bremerton School District that a school district violated the First Amendment’s Free Speech and Free Exercise Clauses when it terminated the employment of a high school football coach for refusing to curtail his practice of praying at the 50-yard line after football games with students. Significantly, the majority also overruled Lemon v. Kurtzman and the Establishment Clause’s “endorsement test,” though it does so without explicitly saying so (calling...