Posts Tagged ‘ SCOTUS ’

Deferring to Congress, Roberts takes over its job

July 2, 2015
posted by

Jacob Sullum Reason
by Jacob Sullum  

"Three years ago, Chief Justice John Roberts rewrote the Patient Protection and Affordable Care Act, a.k.a. Obamacare, to save a key provision that he believed would otherwise be unconstitutional. Last week he did it again, this time to make the law work better. In both cases, Roberts claimed he was deferring to the legislature when he was doing just the opposite: applying the law he thought Congress should have enacted instead of the one it actually passed. Such arrogance disguised as modesty undermines the rule of law while encouraging legislative laziness." (07/01/15)

http://tinyurl.com/ozr9nsw  

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What Justice Breyer’s dissent on lethal injection showed about the death penalty’s defenders

July 1, 2015
posted by

The Intercept The Intercept
by Liliana Segura  

"That the United States sends innocent people to die was only one part of Breyer's wide-ranging dissent. Forty pages long and rife with data and documentation, it strayed from the constitutional question of lethal injection to attack the death penalty from every angle -- from the 'dehumanizing effect of solitary confinement' (one thing that makes it cruel), to the ever-dwindling number of jurisdictions that continue to apply it (which makes it unusual). The conclusion was inescapable. More than 20 years after Justice Harry Blackmun ended his Supreme Court tenure with his famed declaration that 'I no longer shall tinker with the machinery of death,' Justice Breyer struck a similar, if less eloquent chord." (06/30/15)

http://tinyurl.com/q7ctbwc  

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SCOTUS to take up forced dues for non-members of government unions

June 30, 2015
posted by

New York Daily News    

"The U.S. Supreme Court has decided to take on a case that could deal a heavy blow to public sector unions. The court announced Tuesday that it will hear a challenge to whether government employee unions can require everyone in an industry to pay union dues. The appeal has been filed by some teachers in California who've refused to join the union and are saying it's a violation of their First Amendment rights to still have to pay dues." (06/30/15)

http://tinyurl.com/pf8f9sq  

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SCOTUS is a political branch, not a legal one

June 30, 2015
posted by

Bruce McQuain QandO
by Bruce McQuain  

"Elizabeth Price Foley wants to lay it off on liberals: 'Leftists believe that 'law is politics,' so they're not particularly interested in how they get there: What matters, to the political left, is simply getting there. The ends justify the means.' But we all know why Thomas, Scalia, Alito and, oh yeah, Roberts, ended up on the Supreme Court. The conservatives believe 'law is politics' just as much as the left -- they just haven't been as successful at it recently." (06/29/15)

http://tinyurl.com/pzxoh37  

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Justice John Roberts’s ObamaCare decision is an Orwellian mess

June 30, 2015
posted by

Ilya Shapiro Cato Institute
by Ilya Shapiro  

"For the second time in three years, Chief Justice John Roberts has saved President Barack Obama's signature legislation, his eponymous healthcare law that seems to enjoy more legitimacy at the Supreme Court than among the American people. What is going on here? Is the George W. Bush appointee a secret liberal, or at least a jurist who 'grew in office' like so many before him? Actually no, quite the opposite. He's the epitome of a small-c conservative, meaning that temperamentally and philosophically he works to preserve the status quo and not rock the boat. " (06/26/15)

http://tinyurl.com/oqde6gr  

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SCOTUS ruling on marriage equality raises new question

June 30, 2015
posted by

Darryl W Perry Free Press Publications
by Darryl W Perry  

"Fundamental rights are not something that should be regulated or licensed. But what exactly are fundamental rights? It could be argued that the right to life, liberty and pursuit of happiness are the fundamental rights, and they are the ones specified in the Declaration of Independence. I would expound to say that anything that is does not cause a real victim is a fundamental right." [text, Flash audio or MP3] (06/28/15)

http://fpp.cc/scotus-ruling-on-marriage-equality-raises-new-question/  

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SCOTUS rules against EPA on power plant regs

June 29, 2015
posted by

Fox News Fox News    

"In a major win for the energy industry, the Supreme Court ruled Monday against the Environmental Protection Agency's effort to limit certain power plant emissions -- saying the agency 'unreasonably' failed to consider the cost of the regulations. The rules curbing emissions of mercury and other hazardous air pollutants began to take effect in April. But the court said by a 5-4 vote Monday that the EPA failed to take their cost into account when the agency first decided to regulate the toxic emissions from coal- and oil-fired plants. The challenge was brought by industry groups and 21 Republican-led states." (06/29/15)

http://tinyurl.com/o4ujldf  

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SCOTUS: Oklahoma’s drug of choice for killing prisoners doesn’t violate Constitution

June 29, 2015
posted by

Sydney Morning Herald [Australia]    

"The Supreme Court has ruled that a drug used by Oklahoma as part of its lethal injection procedure does not violate the US Constitution's ban on cruel and unusual punishment, dealing a setback to opponents of the death penalty. The court, in a 5-4 decision with its conservative justices in the majority, handed a loss to three inmates who objected to the use of a sedative called midazolam, saying it cannot achieve the level of unconsciousness required for surgery, making it unsuitable for [pre-meditated state killings of prisoners by state employees]." (06/29/15)

http://tinyurl.com/nep9s5m  

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SCOTUS ends marriage apartheid in US

June 29, 2015
posted by

New York Times    

"In a long-sought victory for the gay rights movement, the Supreme Court ruled on Friday that the Constitution guarantees a nationwide right to same-sex marriage. Justice Anthony M. Kennedy wrote the majority opinion in the 5 to 4 decision. He was joined by the court's four more liberal justices." (06/26/15)

http://www.nytimes.com/2015/06/27/us/supreme-court-same-sex-marriage.html  

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Free and equal

June 29, 2015
posted by

Bleeding Heart Libertarians Bleeding Heart Libertarians
by Jacob T Levy  

"This week we've had evidence of two astonishingly rapid tipping points in American public norms, both toward greater equality. In less than twenty years, the United States has moved from the spiteful and misnamed federal Defense of Marriage of Act and a plague of state-level DOMAS that were often worse to a ruling by the Supreme Court that the Fourteenth Amendment guarantees a right to state-sanctioned same-sex marriage. In the week since the terrorist attack in Charleston, the longstanding norm tolerating official use of the Confederate battle flag, a flag that has always celebrated white supremacy and racial hierarchy, seems to have crumbled. Moreover, these are both shifts in favor of equal freedom." (06/26/15)

http://bleedingheartlibertarians.com/2015/06/free-and-equal/  

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The law is not what it says (again!)

June 29, 2015
posted by

Timothy J. Taylor Authority!
by Timothy J Taylor  

"SCOTUS Chief Justice, John Roberts, did it again this week. He proved my point (again) when I posted here last April the fact that The Law is Not What it Says. That's right. He just wrote the 6-3 majority opinion in King v. Burwell, (the ObamaCare case) confirming that the law is not what it says -- it's what he says." (06/27/15)

http://tinyurl.com/o7652nr  

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The unalienable right to define words as we want?

June 28, 2015
posted by

The Price of Liberty
by Nathan Barton  

"These five Nazgul have taken it upon themselves to change the definition of a word that has been very clearly defined for more than 6,000 years. They have assumed, for the fedgov, powers that were supposed to be reserved for the people, and which the people could grant to the states but NEVER voted to grant to DC. They have finished burying the putrid corpse of a limited, federal, constitutional government, and been applauded for their action by millions of liberals AND conservatives. They have created a situation as fraught with danger for peace and even the most tenuous of ties as the Dred Scott decision." [editor's note: I disagree with Barton in comments at the link - TLK] (06/27/15)

http://www.thepriceofliberty.org/?p=7319  

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Libertarians should be cautious in celebrating Obergefell

June 28, 2015
posted by

Independent Institute Independent Institute
by Melancton Smith  

"With this decision, nine unelected federal officers firmly take on the power of legislating. The majority's opinion reads like a collection of aphorisms from a far eastern philosopher and has little, if anything, to do with the application of established legal principles to an actual case or controversy. Many libertarians like the result in this case, but what will these cheerleaders say when the Court finds a state flat tax or state decision to reduce public assistance benefits to be unacceptable (that is, against the Court's policy preferences) and declares these laws unconstitutional on due process or equal protection grounds?" (06/26/15)

http://tinyurl.com/pnfd8oz  

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SCOTUS saves ObamaCare — and the GOP’s 2016 prospects

June 26, 2015
posted by

Thomas L. Knapp William Lloyd Garrison Center for Libertarian Advocacy Journalism
by Thomas L Knapp  

"The US Supreme Court handed down its ruling in King v. Burwell on Thursday (June 25), putting to rest the question of whether or not certain subsidies created by the Patient Protection and Affordable Care Act ('ObamaCare') would remain available. The Court ruled against the clear language and intent of the law. In so doing, it greatly improved the Republican Party's slim chances of maintaining its Senate majority, and possibly even winning the White House, in 2016. Yes, really." (06/25/15)

http://thegarrisoncenter.org/archives/1932  

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Rule of law dealt a blow by the Supreme Court

June 25, 2015
posted by

Competitive Enterprise Institute Competitive Enterprise Institute
by staff  

"Today the Supreme Court ruled in favor of the government in King v. Burwell, the lawsuit coordinated by the Competitive Enterprise Institute (CEI) that challenged the IRS'[s] rewriting of the Affordable Care Act, better known as Obamacare. At issue in the case was the legality of an IRS regulation that made federal subsidies available on HealthCare.gov, the federal health insurance exchange, in addition to state-based exchanges explicitly mentioned in the law." (06/25/15)

https://cei.org/content/rule-law-dealt-blow-supreme-court  

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SCOTUS: Raisin law enacted in the 1940s unconstitutional

June 23, 2015
posted by

US News & World Report    

"The Supreme Court ruled Monday that a 66-year-old program that lets the government take raisins away from farmers to help reduce supply and boost market prices is unconstitutional. In an 8-1 ruling, the justices said forcing raisin growers to give up part of their annual crop without full payment is an illegal confiscation of private property. The ruling is a victory for California farmers Marvin and Laura Horne, who claimed they were losing money under a 1940s-era program they call outdated and ineffective. They were fined $695,000 for trying to get around the program." (06/22/15)

http://tinyurl.com/qcf6awp  

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SCOTUS rules for Arizona church in sign law dispute

June 18, 2015
posted by

The Washington Post Washington Post    

"The Supreme Court ruled Thursday for an Arizona church in a dispute over a town's sign law in a decision that three justices said could threaten municipal sign regulations across the country. The court unanimously agreed to strike down a law in Gilbert, Arizona, that set tougher rules for signs that direct people to Sunday church services than for signs for political candidates and real estate agents. But the justices divided over why the law violated the rights of the Good News Community Church." (06/18/15)

http://tinyurl.com/o29oyfj  

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SCOTUS: Texas can keep Confederate flag off license plates

June 18, 2015
posted by

Los Angeles Times Los Angeles Times    

"The Supreme Court has freed states to control what appears on their specialty license plates, ruling Thursday that Texas authorities were justified in refusing to issue a plate bearing a Confederate battle flag. In a 5-4 decision, the justices said a state-issued license plate is 'government speech,' not the private speech of a motorist. For that reason, the state may decide which messages it wants conveyed on license plates." [editor's note: If it's government speech rather than my speech, does that mean I can refuse to promote it by displaying it prominently on my car? - TLK] (06/18/15)

http://tinyurl.com/qbueu5a  

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Gay marriage after SCOTUS

June 16, 2015
posted by

The American Conservative The American Conservative
by Donald Devine  

"The Supreme Court is expected to rule that defining marriage to be only between one man and one woman denies equal protection under the law and is therefore unconstitutional. The court could even rule that opposition to same-sex rights is generally discriminatory under the civil rights laws. That will be the law -- and that is that. Those with religious objections will be expected to forget about it and get on with their lives. But will they be able to do so?" (06/16/15)

http://tinyurl.com/pnuhr4x  

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SCOTUS splinters on rights of Americans with foreign spouses

June 15, 2015
posted by

Politico    

"The Supreme Court splintered Monday on the question of what rights an American has when a foreign spouse is denied visa to come to the U.S. ... Five justices voted to overturn a 9th Circuit opinion which held American Fauzia Din was entitled to more details when her Afghan husband -- a former official in the Taliban regime -- was denied a U.S. visa for involvement with 'terrorist activities.' However, those five justices split 3-2 on why the appeals court went too far." (06/15/15)

http://tinyurl.com/nvoz5px  

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SCOTUS declines to hear appeal of North Carolina abortion law

June 15, 2015
posted by

Los Angeles Times Los Angeles Times    

"In a victory for abortion-rights advocates, the Supreme Court on Monday turned away North Carolina's attempt to reinstate a law that would have required abortion doctors to display and describe an ultrasound image of a fetus, even if the patient looked away and covered her ears. Without comment, the justices by an 8-1 vote refused to hear the state's appeal of rulings that blocked the law from taking effect. Justice Antonin Scalia dissented." (06/15/15)

http://tinyurl.com/ptxm2hv  

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SCOTUS: Constitutional protections don’t cover the people of San Francisco

June 9, 2015
posted by

USA Today USA Today    

"The Supreme Court refused to weigh in again Monday on one of its most controversial topics: the right to bear arms. The justices declined to reconsider the rights [sic] of local governments to constrain that right -- upheld by the high court in two landmark decisions over the past decade -- by requiring that handguns be disabled or locked up when they are not being carried. The high court left standing a San Francisco law imposing those restrictions, but Justices Clarence Thomas and Antonin Scalia dissented." (06/08/15)

http://tinyurl.com/pfprlev  

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SCOTUS strikes down Jerusalem passport law

June 8, 2015
posted by

MSNBC MSNBC    

"The U.S. Supreme Court on Monday ruled against the American citizen parents of a boy born in 2002 in Jerusalem who wanted his passport to list the place of birth as 'Jerusalem, Israel.' The State Department, which issues passports, had refused. It did so in conformance with a long running U.S. policy to list the place of birth for Americans born in that city as simply, 'Jerusalem.' ... The administration, under presidents of both parities [sic], has insisted that because sovereignty over Jerusalem is one of the major sticking points in any Middle East peace agreement, the U.S. would remain neutral. Being forced to say that Jerusalem was under the control of Israel, the idea went, would be taking sides." (06/08/15)

http://tinyurl.com/oota69o  

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Can the president lawfully ignore a Supreme Court decision?

June 4, 2015
posted by

Reason Reason
by Damon Root  

"Last month Hillary Clinton told a group of supporters that if she is elected to the White House in 2016, she will only put forward Supreme Court nominees who favor overturning the Court's 2010 campaign finance decision in Citizens United v. Federal Election Commission. In short, she will impose a litmus test. But what if Hillary Clinton is elected president and then decides to pursue a different line of attack against Citizens United? What if President Hillary Clinton decides that Citizens United is so wrong, so contrary to the Constitution, that she is under no obligation to acquiesce in it?" (06/04/15)

http://tinyurl.com/qhgtrqh  

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An explanation: What the Supreme Court will not do to ObamaCare

June 3, 2015
posted by

Thomas L. Knapp William Lloyd Garrison Center for Libertarian Advocacy Journalism
by Thomas L Knapp  

"Writing for the Associated Press, Ricardo Alonso-Zaldivar worries that the [Supreme Court's ruling in King v. Burwell] 'could wipe out health insurance for millions of people.' Let me lay that fear to rest. No such outcome is possible, for the simple reason that the health plans addressed by ObamaCare are not insurance." (06/02/15)

http://thegarrisoncenter.org/archives/1563  

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