Posts Tagged ‘ SCOTUS ’

SCOTUS makes it easier to sue the US government

April 23, 2015
posted by

Reuters Reuters    

"The U.S. Supreme Court on Wednesday made it easier for people to sue the federal government by ruling in favor of plaintiffs in two separate cases including one involving a Hong Kong woman who was strip-searched while in immigration detention in Oregon. On a 5-4 vote deciding both cases, the justices ruled that court deadlines for filing certain lawsuits can be extended if plaintiffs have good reasons for the delay. President Barack Obama's administration had asked the court to impose a strict deadline for such lawsuits under a law called the Federal Tort Claims Act." (04/22/15)

http://tinyurl.com/oogu5qh  

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SCOTUS: Police can’t extend traffic stop to wait for sniffing dogs

April 21, 2015
posted by

The Washington Post Washington Post    

"The Supreme Court ruled Tuesday that police may not drag out a routine traffic stop in order to buy time for a dog to search the vehicle for drugs. 'A police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution's shield against unreasonable seizures,' Justice Ruth Bader Ginsburg wrote, adding that authority for stopping the vehicle 'ends when tasks tied to the traffic infraction are -- or reasonably should have been -- completed.'" (04/21/15)

http://tinyurl.com/oz7byuj  

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When the Supreme Court stopped economic fascism in America

April 7, 2015
posted by

Richard M. Ebeling The Daily Bell
by Richard Ebeling  

"There was a time when the Supreme Court of the United States defended and upheld the Constitutional protections for economic liberty in America. This year marks the 80th anniversary of one of the Supreme Court's finest hours, when it overturned Franklin Roosevelt's agenda for economic fascism in the U.S. The trend toward bigger and ever-more-intrusive government, unfortunately, was not stopped, but the case nonetheless was a significant event that at that time prevented the institutionalizing of a Mussolini-type fascist economic system in America." (04/07/15)

http://tinyurl.com/m9kfkf9  

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SCOTUS rejects North Carolina appeal on voting law

April 6, 2015
posted by

Fayetteville Observer    

"The Supreme Court has passed up an early chance to review a contested North Carolina election law that opponents say limits the ability of African-Americans to cast ballots. ... The federal appeals court in Richmond, Virginia, had blocked a part of the law that eliminated same-day registration during early voting in North Carolina. A trial is set for July in the lawsuit filed by civil rights groups, and the issue of voting restrictions could return to the Supreme Court before the 2016 elections." (04/06/15)

http://tinyurl.com/kmq5ek3  

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SCOTUS turns away challenge to Wisconsin voter ID law

March 23, 2015
posted by

The State    

"The U.S. Supreme Court on Monday turned away a challenge to Wisconsin's voter identification law, after having blocked the state from requiring photo IDs in November's general election. The justices' action means the state is free to impose the voter ID requirement in future elections, including one just two weeks away. The decision is further evidence that the court put the law on hold last year only because the election was close at hand and absentee ballots already had been mailed with no notification of the need to present photo IDs. The court did not comment on its order." (03/23/15)

http://tinyurl.com/p46htbq  

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Three potential paths post-ObamaCare ruling

March 15, 2015
posted by

Benjamin Domenech Heartland Institute
by Benjamin Domenech  

"There are three paths Congress could take in the wake of a ruling from the Supreme Court that strikes down the Obamacare insurance exchange subsidy system. They amount to a path toward doing nothing, a path toward doing something, and a path toward doing everything." (03/14/15)

http://tinyurl.com/q5xhpdx  

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Saving ObamaCare with Supreme hypocrisy?

March 12, 2015
posted by

James Bovard JimBovard.com
by James Bovard  

"America's prisons are overflowing in part because the Supreme Court has objected to few of the 4,500-plus criminal statutes Congress enacted. Thanks to the threat of ruinous mandatory minimum penalties, 97 percent of defendants plead guilty. As Justice Antonin Scalia noted in a 2012 dissent, the current system 'presents grave risks of prosecutorial overcharging that effectively compels an innocent defendant to avoid massive risk by pleading guilty to a lesser offense.' The Supreme Court will likely rule on the Obamacare case in June. Does the court believe that unlimited coercion of citizens is OK but that any pressuring of state governments is a cardinal sin?" (03/12/15)

http://tinyurl.com/mzoe7o9  

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King v. Burwell: The latest ObamaCare mess at the Supreme Court

March 12, 2015
posted by

Rob Natelson Tenth Amendment Center
by Rob Natelson  

"When I first heard about King v. Burwell, the latest Obamacare controversy before the U.S. Supreme Court, I assumed it was the kind of case in which the legislative intent was clear, but for one reason or another the wording of the statute did not match the legislative intent. That would have been an interesting case, because it would have given the Court a chance to struggle with age-old 'intent vs. text' questions. It turns out, though, that the legislative intent is unclear -- if there was any unified intent at all. And the statute is at least as messy as the evidence of intent." (03/10/15)

http://tinyurl.com/qzs953t  

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Why the Supremes need to scrap ObamaCare’s federal exchange subsidy

March 10, 2015
posted by

Shikha Dalmia Reason
by Shikha Dalmia  

"Last week's oral arguments for King vs. Burwell, the latest legal challenge to Obamacare before the Supreme Court, confirmed one thing: The law, as written, is a complete mess. The justices might be tempted to take it upon themselves to straighten it out to avoid disrupting coverage for millions of Americans, but that's really not their job. The Obama administration will no doubt disagree, but the most appropriate -- and the least political -- course for the justices would be to overrule the contested portion of the law and let Congress rewrite it." (03/10/15)

http://tinyurl.com/pac7mll  

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The myth of Marbury v Madison

March 9, 2015
posted by

TJ Martinell Tenth Amendment Center
by TJ Martinell  

"The common understanding of the famous Marbury v. Madison case is that it established the authority of the Supreme Court to determine what the Constitution says. From there, it's held that the Court gets to determine the limitations placed on the federal government as well as the states. In short, the rest of the federal government, and the states, are bound by what the Supreme Court decides. But is that the truth? A paper from Northwestern University School of Law Constitutional Theory Colloquium Series seeks to clear up the myths associated with the Marbury decision." (03/08/15)

http://tinyurl.com/pxuywdh  

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SCOTUS: Dentists can’t abuse state power to ban competition

February 25, 2015
posted by

Modern Healthcare    

"The U.S. Supreme Court ruled Wednesday that a North Carolina dental regulatory board, made up mostly of dentists, illegally suppressed competition when they told non-dentists to stop offering teeth-whitening services. ... he Federal Trade Commission deemed the dental board's actions an illegal suppression of competition. That ruling was upheld by the 4th U.S. Circuit Court of Appeals. Lawyers for the board argued it should be immune from antitrust laws because it's a state agency. ... In an opinion written by Justice Anthony Kennedy, the justices sided with the FTC, saying that North Carolina did not actively supervise the dental board, meaning it was not immune from antitrust action." (02/25/15)

http://tinyurl.com/ktlqsj7  

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SCOTUS ruling could deal ObamaCare severe blow

February 12, 2015
posted by

San Francisco Chronicle San Francisco Chronicle    

"Thousands of people signing up for health insurance this weekend may not realize it, but their coverage under President Obama's law could be short lived. The 2015 enrollment season, which ends Sunday, has avoided last year's website meltdown so far. But a Supreme Court case could result in millions of consumers losing financial assistance for their premiums later in the year. The Affordable Care Act still sits on shifting political sands." (02/12/15)

http://tinyurl.com/petjvyv  

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AL: Marriage apartheid ends as SCOTUS declines stay

February 10, 2015
posted by

Bradenton Herald    

"Alabama began issuing marriage licenses to same-sex couples Monday, despite an 11th-hour attempt from the state's chief justice -- an outspoken opponent -- to block the weddings. The U.S. Supreme Court said Monday morning that it wouldn't stop the marriages from beginning in the state, and shortly after, Jefferson County probate judge Alan King issued several licenses. He did so despite Chief Justice Roy Moore's Sunday night order to all probate judges, directing them to refuse to issue the licenses." (02/09/15)

http://tinyurl.com/oqkebf8  

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TX: SCOTUS blocks scheduled state killing

February 5, 2015
posted by

ABC News ABC News    

"A Texas inmate set to be [killed] next week for fatally shooting four men at an airplane hangar more than 30 years ago won a reprieve Thursday from the U.S. Supreme Court. Lester Bower Jr., 67, among the longest-serving Texas death row inmates, had been scheduled for lethal injection Tuesday. The justices gave no reason for the reprieve, saying only that it would be lifted automatically if they deny an appeal or act on it." (02/05/15)

http://tinyurl.com/qczqx7t  

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Prediction: SCOTUS’s Lethal injection review could kill death penalty

February 4, 2015
posted by

Raw Story Raw Story    

"Last week, the Supreme Court put three executions in Oklahoma on hold as it reviews the constitutionality of the state's death penalty protocol. If the nation's top court strikes down Oklahoma's lethal injection procedure, what would it mean for the death penalty? ... The court is assessing Oklahoma's use of the drug midazolam, a sedative used in its three-drug lethal injection protocol. According to the Death Penalty Information Center, five states have used midazolam for their executions, and at least five other states have proposed using it." (02/04/15)

http://tinyurl.com/m8hqhl7  

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AL: Marriage apartheid could end next week; Strange anti-family pol asks SCOTUS for stay

February 3, 2015
posted by

Seymour Tribune    

"A federal appeals court on Tuesday cleared the way for same-sex marriages to begin Monday in Alabama, but the state's attorney general made a last-ditch attempt to keep the weddings on hold. A three-judge panel of the 11th U.S. Circuit Court of Appeals on Tuesday refused to delay a district judge's decision that overturned Alabama's gay marriage bans. That would appear to pave the way for Alabama to become the 37th state where gays can legally wed. ... Attorney General Luther Strange asked the U.S. Supreme Court to halt the weddings until the justices settle the issue nationwide when they take up gay marriage later this year. The attorney general predicted there will be 'unnecessary confusion' next week among local officials who issue marriage licenses absent a stay." [editor's note: Florida AG Pam Bondi tried the "confusion" argument, too. I'm not sure why county clerks would be "confused" by not having to peek inside trousers and up skirts before issuing the same paperwork they've issued for 150 years, give or take. If I was a county clerk I think I might be a little insulted that attorney generals think I'm that damn dumb - TLK] (02/03/15)

http://tinyurl.com/n85ae6k  

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OK: SCOTUS temporarily forbids three state killings

January 28, 2015
posted by

MSNBC MSNBC    

"The U.S. Supreme Court on Wednesday granted a stay of [pre-planned state killing] for three Oklahoma death row inmates until the justices rule on a separate challenge involving the controversial sedative midazolam, NBC News'[s] Pete Williams reported. The court's order on Wednesday came just five days after the justices decided to take up the challenge this spring over the use of midazolam, which was used recently in problematic [state killings] in Arizona, Ohio, and Oklahoma. The justices' decision marked the first time since 2008 that the high court has agreed to hear a challenge to the legality of lethal injection." (01/28/15)

http://tinyurl.com/oe3wtwg  

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Did Supreme Court telegraph its ultimate ruling on gay marriage?

January 21, 2015
posted by

Ilya Shapiro Cato Institute
by Ilya Shapiro  

"As any good lawyer knows, framing the question you ask a court is just as important — often more important — than providing a well-argued answer that helps your client. Well, when the Supreme Court, as expected, decided to take up gay marriage, it unexpectedly reframed the 'questions presented' in the four cases it took up and consolidated for argument. Instead of accepting any of the formulations presented in the four petitions for review, it asked the parties to brief these two questions: 1. Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 2. Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?" (01/20/15)

http://tinyurl.com/nq38vlm  

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SCOTUS rules for bearded Muslim inmate

January 20, 2015
posted by

PBS Newshour [US state media]    

"The Supreme Court is siding with a Muslim prison inmate in Arkansas who sued for the right to grow a short beard for religious reasons. ... The justices said that inmate Gregory Holt could maintain a half-inch beard because Arkansas prison officials could not substantiate claims that the beard posed a security risk. Holt claimed that he has a right to grow a beard under a federal law aimed at protecting prisoners' religious rights." (01/20/15)

http://tinyurl.com/k44wkvn  

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SCOTUS rules for Teva over MS drug patent

January 20, 2015
posted by

Reuters Reuters    

"The U.S. Supreme Court on Tuesday ruled that Teva Pharmaceutical Industries Ltd can still benefit from patent protection for top-selling multiple sclerosis drug Copaxone, dealing a blow to generic drugmakers looking to market a cheaper rival product. In a 7-2 vote, the justices sent the case back to the U.S. Court of Appeals for the Federal Circuit for further review saying it had not used the correct approach in analyzing whether the patent, due to expire in September 2015, was valid. The appeals court had thrown out the patent in 2013." (01/20/15)

http://tinyurl.com/ow5cfth  

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SCOTUS to rule on marriage apartheid

January 19, 2015
posted by

San Francisco Chronicle San Francisco Chronicle    

"The Supreme Court agreed Friday to rule on the constitutionality of same-sex marriage .... Now that 36 states and the District of Columbia, holding about three-fourths of the country's population, permit same-sex marriages, legal experts believe the high court is ready to settle the matter once and for all. Faced with a split in the appellate courts, the justices will hear 2 1/2 hours of oral arguments in April and issue a ruling before the court term ends in June." (01/16/15)

http://tinyurl.com/nr4nk9s  

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Oklahoma, Florida regimes kill prisoners

January 16, 2015
posted by

Los Angeles Times    

"Oklahoma and Florida [killed] two prisoners Thursday night, after the U.S. Supreme Court narrowly gave the go-ahead, despite concerns about the mixture of lethal drugs used for the injections. Charles Frederick Warner, 47, was pronounced dead at 7:28 p.m., at a prison facility in McAlester, Okla. Warner was convicted of the rape and murder of an 11-month old girl in Oklahoma City in 1997. Johnny Shane Kormondy, 42, was pronounced dead at 8:16 p.m., at Florida State Prison. He was the convicted ringleader of a 1993 Pensacola home invasion robbery that ended in the murder of a banker and the rape of his wife. Both [killings] were delayed by two hours, as the U.S. Supreme Court weighed in on the executions." (01/15/15)

http://tinyurl.com/psbk7fs  

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SCOTUS rejects Louisiana marriage apartheid case, takes no action on four others

January 12, 2015
posted by

Reuters Reuters    

"The U.S. Supreme Court, which is in the midst of deciding whether to take up the issue of gay marriage, on Monday declined to take an early look at a challenge to Louisiana's state ban. The court took no action on four other pending cases concerning gay marriage bans in Ohio, Michigan, Kentucky and Tennessee, but could act on those cases as soon as later this week. The decision not to hear the Louisiana case was not unexpected as gay rights advocates had sought to skip the regular judicial process by seeking Supreme Court review before the case had been decided by an appeals court." (01/12/15)

http://tinyurl.com/pya369g  

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SCOTUS to meet again to decide on hearing marriage apartheid appeals

January 8, 2015
posted by

Reuters Reuters    

"The nine justices of the Supreme Court, who opted in October not to take up the issue of state bans on gay marriage, are set to meet behind closed doors on Friday to consider once again whether to hear any cases on the contentious issue. The court has five cases pending concerning same-sex marriage prohibitions in Ohio, Tennessee, Michigan, Kentucky and Louisiana. The legal issue is whether the state bans violate the U.S. Constitution's guarantee of equal protection under the law. An announcement could be made as soon as Friday after the justices meet as part of their customary private deliberations over which new cases to hear." (01/08/15)

http://tinyurl.com/nfkd6z7  

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SCOTUS to adopt electronic filing

January 1, 2015
posted by

NBC News NBC News    

"The U.S. Supreme Court will switch to electronic case filing within the next two years -- a move most of the nation's courts have long since made. But even when the Supreme Court fully adopts computer filing within the next two years, it will not abandon paper, said Chief Justice John Roberts in his annual year-end report on the federal judiciary. ... Once the system is operational, all official filings will be available to the public at no cost on the court's website." (12/31/14)

http://tinyurl.com/jvzsmvh  

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