Posts Tagged ‘ SCOTUS ’

There are better reasons to vote against Trump than judge picks

April 21, 2016
posted by

Ilya Shapiro Cato Institute
by Ilya Shapiro  

"I began joking that Trump would nominate his horse to the high court, in an allusion to the Roman emperor Caligula's (possibly apocryphal) appointment of his favorite horse to the Senate. It was worth a few laughs. Then Justice Scalia died and the speculation got all too real. That same night, February 13, at the GOP debate in Greenville, South Carolina, Trump mentioned Diane Sykes and Bill Pryor as possible replacements. Whoa. Sykes of the Seventh Circuit (Illinois, Indiana, Wisconsin) and Pryor of the Eleventh Circuit (Alabama, Florida, Georgia) are serious people, both appointed by George W. Bush, who would be on any Republican president's short list. That certainly got my attention, and not just because of these judges' overall reputations." (04/20/16)

http://www.cato.org/publications/commentary/there-are-better-reasons-vote-against-trump-judge-picks  

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SCOTUS upholds use of stolen Iranian money to pay victims of terrorism

April 20, 2016
posted by

USA Today USA Today    

"The Supreme Court on Wednesday upheld actions taken by Congress and President Obama that held Iran financially responsible for acts of terrorism dating back to the 1983 bombing of a Marine Corps barracks in Beirut. The 6-2 ruling by Justice Ruth Bader Ginsburg was a victory for victims and their surviving family members, who had sought access to some $2 billion in assets controlled by Iran in a U.S. bank." (04/20/16)

http://www.usatoday.com/story/news/politics/2016/04/20/supreme-court-iran-terrorism-compensation-beirut-bombing/83275082/  

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Supreme fashion reject

April 18, 2016
posted by

James Bovard Future of Freedom Foundation
by James Bovard  

"'You should never wear your best trousers when you go out to fight for freedom and truth,' the Norwegian playwright Henrik Ibsen declared in his famous play An Enemy of the People. Unfortunately, the justices on the Supreme Court of the United States -- the sacred burial ground of Americans' rights and liberties -- are not members of Ibsen's fan club. I learned this bitter truth in March 1995 ..." (04/15/16)

http://fff.org/explore-freedom/article/supreme-fashion-reject/  

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Republicans duck and run from Merrick Garland

April 6, 2016
posted by

The Washington Post Washington Post
by Dana Milbank  

"Merrick Garland is an oppo researcher's nightmare. Those who oppose President Obama's Supreme Court nominee have been digging for dirt to justify opposition by 52 of the 54 Senate Republicans to granting him a hearing. But about the worst thing anybody has come up with: an allegation that Garland crossed lanes in a relay race. In summer camp. Fifty years ago." (04/05/16)

https://www.washingtonpost.com/opinions/republicans-duck-and-run-from-merrick-garland/2016/04/05/20e5c680-fb6b-11e5-80e4-c381214de1a3_story.html  

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The elephant in the voting booth

April 5, 2016
posted by

Ilya Shapiro Cato Institute
by Ilya Shapiro  

"In Evenwel v. Abbott, the Supreme Court treaded water. Instead of clarifying how states can draw voting districts to comply with the principle of 'one person, one vote,' it punted: States have always used some version of 'total population,' JusticeRuth Bader Ginsburg wrote, so they should be able to continue doing so. In the absence of clear legal precedent, this historical approach rejected both the challengers' suggestion that voting power should be equalized, and the U.S. government's claim that states must always maintain 'representational equality.' The status quo is unchanged, at least for now." (04/05/16)

http://www.cato.org/publications/commentary/elephant-voting-booth  

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SCOTUS upholds “one person, one vote” in Texas case

April 5, 2016
posted by

USA Today USA Today    

"The Supreme Court refused Monday to change the way state and municipal voting districts are drawn, denying an effort by conservatives that could have increased the number of rural, mostly white districts at the expense of urban, largely Hispanic ones. The 'one person, one vote' case was among the most consequential of the high court's term, and once again the court's liberal wing won out. The ruling left intact Texas'[s] method of drawing districts with roughly equal numbers of residents. Challengers had argued only eligible voters should be counted, a method that would have allowed states to ignore non-citizens and others who do not vote, including children. In most cases, that would have helped Republicans and hurt Democrats." (04/04/16)

http://www.usatoday.com/story/news/politics/2016/04/04/supreme-court-voting-rights-texas-districts-population-scalia/81121876/  

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Judge Garland and the Second Amendment

April 3, 2016
posted by

Independent Institute Independent Institute
by Stephen P Halbrook  

"Though President Obama's nomination of Judge Merrick Garland to succeed Justice Antonin Scalia on the U.S. Supreme Court will more than likely remain in limbo until at least until after the November election, the choice should be unsettling to supporters of the Second Amendment and gun ownership rights." (04/01/16)

http://www.independent.org/newsroom/article.asp?id=8726  

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Post-Scalia SCOTUS delivers unexpected win to government unions

March 30, 2016
posted by

Courthouse News Service    

"Without a ninth justice to break the tie, the equally divided Supreme Court upheld a big win for government-employee unions Tuesday. ... Rebecca Friedrichs led a group of 10 California teachers and the Christian Educators Association International in the case at hand, challenging the nearly $1,000 a year in fees that the California Teachers Association collects from teachers, whether they belong to the union or not. Saying the fees are meant to implore good-faith collective bargaining, the unions argued that they fund the negotiation of employment-contracts from which all government workers, whether union members or not, inherently benefit. ... ties leave intact the last ruling on a case -- here that ruling was Ninth Circuit victory for the unions." (03/29/16)

http://www.courthousenews.com/2016/03/29/post-scalia-court-delivers-unexpected-win-to-unions.htm  

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SCOTUS seeks compromise in “contraceptive mandate” cases

March 30, 2016
posted by

USA Today USA Today    

"The Supreme Court sought a compromise Tuesday that would let religious non-profit groups avoid any involvement in offering insurance coverage for contraceptives while also ensuring that employees get the coverage. The justices asked lawyers on both sides in seven cases, which were heard last Wednesday, to submit additional briefs on the subject within the next few weeks. It was a clear indication that at least one member of the court (most likely Justice Anthony Kennedy) is seeking a way out of yet another 4-4 decision that would set no national precedent. The high court has issued two such divided opinions in the past eight days following Justice Antonin Scalia's death last month." (03/29/16)

http://www.usatoday.com/story/news/politics/2016/03/29/supreme-court-religious-nonprofit-contraceptive-mandate-kennedy/82387070  

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Obama’s witness for the prosecution

March 29, 2016
posted by

Kelley B Vlahos The American Conservative
by Kelly Vlahos  

"President Obama's pick to replace the late Antonin Scalia on the Supreme Court is, perhaps surprisingly, a consensus candidate who up until now has enjoyed strong support from both Republicans and Democrats in Congress. But constitutional scholars say behind Merrick Garland’s centrist profile is a pattern of reinforcing government and police powers that civil libertarians may find a bit difficult to live with. ... Through the lens of presidential politics, President Obama's nomination of Garland is at best, a clever attempt to squeeze one last justice on the bench before he leaves office, at worst, the old story of the sacrificial lamb." (03/29/16)

http://www.theamericanconservative.com/articles/obamas-witness-for-the-prosecution/  

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ObamaCare again?

March 28, 2016
posted by

Cato Institute Cato Institute
by Ilya Shapiro and Josh Blackman  

"In what has become a spring tradition, Obamacare returns to the Supreme Court this month, the fourth time in five years. Fortunately for the religious nonprofits challenging the law's contraceptive mandate -- including the Little Sisters of the Poor, a monastic order that cares for impoverished elderly -- the results of the Court's second and third encounters with the act can together answer their prayer for relief." (03/28/16)

http://www.cato.org/publications/commentary/obamacare-again  

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The perils of Merrick Garland’s moderation

March 23, 2016
posted by

Jacob Sullum Reason
by Jacob Sullum  

"The most worrisome thing about Merrick Garland, President Obama's choice to replace the late Antonin Scalia on the Supreme Court, is that reporters routinely describe him as 'moderate.' Although that label is supposed to be reassuring, in politics it usually refers to people who combine the worst aspects of the left and right, united by an expansive view of government authority and a narrow view of individual rights. Garland, a Clinton appointee who has served on the U.S. Court of Appeals for the D.C. Circuit since 1997, illustrates that tendency. He is more inclined to side with the government than either conservatives or progressives would like." (03/23/16)

http://reason.com/archives/2016/03/23/the-perils-of-merrick-garlands-moderatio  

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SCOTUS deals blow to corporate push against class-action suits

March 23, 2016
posted by

The Washington Post Washington Post    

"The Supreme Court on Tuesday continued to disappoint big business's efforts to curb class-action lawsuits and upheld a nearly $6 million award to workers at a Tyson Foods pork-processing plant in Iowa. In a 6-to-2 ruling, the court rejected Tyson's contention that the more than 3,300 workers at the plant should not have been able to use statistical averages to prove that they were not paid what they were due. ... Writing for the majority, Justice Anthony M. Kennedy rejected industry's call for what he said would be a broad rule banning what is called 'representational evidence' in class-action suits." (03/22/16)

https://www.washingtonpost.com/politics/courts_law/supreme-court-deals-blow-to-corporate-push-against-class-action-suits/2016/03/22/9f59a4aa-f058-11e5-85a6-2132cf446d0a_story.html  

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SCOTUS denies Oklahoma and Nebraska regimes’ frivolous suit vs. Colorado cannabis

March 22, 2016
posted by

Denver Post    

"The U.S. Supreme Court on Monday denied Nebraska and Oklahoma's proposed lawsuit against Colorado's legal marijuana laws. The decision means the nation's highest court will not rule on the interstate dispute, and Colorado's legal cannabis market is safe -- for now. Because the Supreme Court has passed on the case, Nebraska and Oklahoma could now take it to a federal district court if they choose to, law experts say." (03/21/16)

http://www.denverpost.com/news/ci_29665899/scotus-denies-oklahoma-and-nebraskas-proposed-lawsuit-against  

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SCOTUS refuses to hear challenge to Alabama’s rules for having state employees kill prisoners

March 21, 2016
posted by

ABC 33/40    

"Today the U.S. Supreme Court denied a petition for certiorari in Clayton Shanklin v. Alabama, in which a convicted murderer argued that Alabama's capital sentencing scheme was unconstitutional under the Court's recent decision in Hurst v. Florida. This was the first Alabama death penalty appeal to reach the Supreme Court on this issue since Hurst was decided on January 12, 2016. ... Shanklin was convicted of capital murder and attempted murder, which he committed during a home-invasion robbery in 2009 in Cordova. A jury in Walker County Circuit Court recommended that Shanklin be sentenced to life-without-parole. But, under Alabama law, the judge sentenced Shanklin to death because of his long criminal history and the nature and circumstances of his crime." (03/21/16)

http://abc3340.com/news/local/us-supreme-court-refuses-to-hear-sentencing-challenge  

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Democrats plan push to force hearings on Supreme Court nomination

March 17, 2016
posted by

The Washington Post Washington Post    

"Democrats began laying out an aggressive strategy Thursday to get Judge Merrick Garland confirmed by the Senate and seated on the Supreme Court, over what appears to be implacable Republican opposition. The approach, which is being implemented in part by a well-financed group led by former aides to President Obama, involves targeting vulnerable GOP Senate incumbents for defeat by portraying them as unwilling to fulfill the basic duties of their office. The idea is to so threaten the Republicans’ Senate majority that party leaders will reconsider blocking hearings on Garland’s nomination." (03/17/16)

https://www.washingtonpost.com/politics/democrats-plan-push-to-force-hearings-on-supreme-court-nomination/2016/03/17/97983d40-ec5b-11e5-a6f3-21ccdbc5f74e_story.html  

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Merrick Garland, what’s the point?

March 17, 2016
posted by

OpEdNews
by Marc Ash  

"Battle? Ideological confrontation? Reshaping of the Court? Forget it -- Garland is a safe pick for America's ruling class. Obama punted. Hatch defeated him without a fight. Better than Scalia. Sure, but that really doesn't say much. Scalia was arguably the most purely politically-motivated Supreme Court justice in American history. A ham-fisted, ideologically driven, right-wing operative who came to the court every day with a clearly defined agenda. Will Garland be better? Yes. Will Garland show any courage in moving the country forward? Not likely. Why would anyone who understands the scope of the problems facing the country today fight for this Hatch-Obama offering? They should not." (03/17/16)

http://www.opednews.com/articles/Merrick-Garland-What-s-th-by-Marc-Ash-Judge-Merrick-Garland_Senator-Orin-Hatch_Supreme-Court_Supreme-Court-Nominee-160316-248.html  

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Obama SCOTUS pick’s health care case history

March 16, 2016
posted by

Heartland Institute Independent Institute
by Michael Hamilton  

"President Barack Obama’s nominee for the United States Supreme Court has a history in health care-related cases, Modern Healthcare reports. Obama nominated Merrick Garland, chief justice of the U.S. Court of Appeals for the District of Columbia, on Wednesday, March 16. A number of cases currently or recently before the Supreme Court have passed through Garland’s court in one form or another. Among them is Zubik v. Burwell, more commonly known as the 'Little Sisters' case ..." (03/16/16)

http://blog.heartland.org/2016/03/obama-scotus-picks-health-care-case-history/  

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RNC launches campaign to oppose Obama’s SCOTUS pick

March 14, 2016
posted by

The Washington Post Washington Post    

"The Republican Party is launching a campaign to try to derail President Barack Obama's nominee to the Supreme Court, teaming up with a conservative opposition research group to target vulnerable Democrats and impugn whomever Obama picks. ... The RNC will contract with America Rising Squared, an outside group targeting Democrats that's run by a longtime aide to GOP Sen. John McCain. GOP chairman Reince Priebus said it would be the most comprehensive judicial response effort in the party's history." (03/14/16)

https://www.washingtonpost.com/politics/whitehouse/rnc-launches-campaign-to-oppose-obamas-supreme-court-pick/2016/03/14/093a4a36-e9cf-11e5-a9ce-681055c7a05f_story.html  

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SCOTUS upholds gay adoptions across state lines

March 8, 2016
posted by

Los Angeles Times Los Angeles Times    

"The Supreme Court in a victory for gay rights has upheld the principle that people who adopt a child in one state have a right to have the adoption honored in another state. The justices in an unanimous opinion rebuked the Alabama Supreme Court for refusing to honor a lesbian's adoption of three children in Georgia once her partner moved with them to Alabama. Citing the Constitution's Full Faith and Credit clause, the high court said states have a duty to honor legal agreements made in other states, and there is no exception for gay adoptions." (03/07/16)

http://www.latimes.com/nation/la-na-court-gay-adoptions-20160307-story.html  

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SCOTUS denies Apple appeal in e-books price fixing case

March 7, 2016
posted by

Computer World    

"Apple will pay $450 million as a settlement for e-book price fixing after the U.S. Supreme Court declined to hear the company's appeal of a lower court's antitrust ruling. The Supreme Court's decision Monday ends Apple's appeal of the antitrust case against the company and five book publishers and upholds a June 2015 antitrust ruling at the U.S. Court of Appeals for the Second Circuit." (03/07/16)

http://www.computerworld.com/article/3041150/computer-hardware/supreme-court-denies-apple-appeal-in-e-books-price-fixing-case.html  

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Scalia and disciplinary originalism

March 7, 2016
posted by

The American Conservative The American Conservative
by Alan Jacobs  

"There are two very different ways to think of Antonin Scalia's preferred method of interpreting the Constitution, often called originalism -- and by the way, that Wikipedia page is unusually accurate and useful, though perhaps skewed a bit towards critics of originalism. One might think of originalism as a method, or one might think of it as a discipline. If you conceive of it in the former way, you will run into some serious problems; if you conceive of it in the latter way, it is profoundly salutary." (03/07/16)

http://www.theamericanconservative.com/jacobs/scalia-and-disciplinary-originalism/  

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SCOTUS hears challenge to Texas abortion law

March 2, 2016
posted by

Houston Chronicle Houston Chronicle    

"Nearly three years after Texas lawmakers approved a far-reaching set of abortion restrictions, the U.S. Supreme Court was set to examine the controversial law Wednesday in a hearing that could affect women's health across the country for years to come. ... The law's contested regulations require abortion doctors to obtain admitting privileges at nearby hospitals and abortion facilities to comply with the expensive standards of hospital-style surgical centers.
The case is seen as the most significant abortion-related dispute to come before the Supreme Court since the justices ruled in 1992 that governments could not place an 'undue burden' on women seeking the procedure." (03/02/16)

http://www.chron.com/news/houston-texas/houston/article/Supreme-Court-hears-challenge-to-Texas-abortion-6865252.php  

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CA: SCOTUS pass gives affordable housing advocates a win

March 1, 2016
posted by

San Francisco Chronicle San Francisco Chronicle    

"Advocates of low-cost housing scored a legal victory Monday when the U.S. Supreme Court left intact a ruling by California’s highest court allowing cities and counties to require builders to include a percentage of affordable units in each new development. The building industry had argued that those requirements amount to a government confiscation of property and should be allowed only if a particular development would cause a shortage of affordable housing. The state Supreme Court rejected those arguments unanimously in June, and the nation’s high court denied review Monday. The case involved a San Jose ordinance, passed in 2010 but not yet in effect, that requires developers of 20 or more units to make at least 15 percent of those units affordable to low- or moderate-income buyers and renters." [editor's note: So the first "non-Scalia" case slides by; will reality (and markets) rule in the end, with the outcome being a reduction in new housing complexes? - SAT] (03/01/16)

http://www.sfgate.com/bayarea/article/A-Supreme-Court-pass-gives-affordable-housing-6861578.php  

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SCOTUS: Thomas breaks ten-year streak, asks question in court

March 1, 2016
posted by

CNN CNN    

"For the first time in a decade, Supreme Court Justice Clarence Thomas spoke during oral arguments. Just last week, CNN wrote about the ten-years since Thomas's last question at oral arguments. That anniversary, February 22, came on the same day the Supreme Court first heard oral arguments after the death of Justice Antonin Scalia, who was Thomas's ideological soul mate and who had defended his lack of questions over the years. ... The comments from Thomas were directed at a government attorney, Ilana H. Eisenstein in a case called Voisine v. United States. The case concerns whether a prior domestic assault conviction based on reckless conduct qualifies as a misdemeanor crime of domestic violence that would block the plaintiffs from possessing a firearm." (02/29/16)

http://www.cnn.com/2016/02/29/politics/supreme-court-clarence-thomas-10-year-streak-question/  

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