Posts Tagged ‘ SCOTUS ’

Supreme Court shirks responsibility in avoiding Sixth Amendment case

October 24, 2014
posted by

Ilya Shapiro Cato Institute
by Ilya Shapiro  

"Jones, a constitutional criminal procedure case, was the court’s latest big 'decision not to decide.' The issue there was whether a defendant can be sentenced for conduct of which he was acquitted, based on facts that the judge determined. (Read that sentence again; I’m not making this up.)" (10/22/14)

http://tinyurl.com/lp7vlgy  

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SCOTUS: Ginsburg revises dissent on Texas voter suppression law

October 23, 2014
posted by

Fox News Fox News    

"The U.S. Supreme Court made a rare correction on Wednesday to a dissent written by Justice Ruth Bader Ginsburg on Texas' controversial new voter-identification law. ... Aside from 'small stylistic changes,' Wednesday’s correction erases one sentence from Ginsberg’s official dissent that refers to photo identification cards issued by the U.S. Department of Veterans' Affairs not being an acceptable form of ID in Texas -- when they actually are." (10/23/14)

http://tinyurl.com/nexpyz9  

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SCOTUS leaves California foie gras ban intact

October 14, 2014
posted by

Reuters    

"In a victory for animal rights activists, the U.S. Supreme Court on Tuesday allowed California to continue to ban foie gras, a delicacy produced from the enlarged livers of ducks and geese that have been force-fed corn. Rejecting a legal challenge to the law, the court declined to hear an appeal filed by restaurants and producers of foie gras. In doing so, the high court left intact an August 2013 ruling by the 9th U.S. Circuit Court of Appeals upholding the law. California enacted the law in 2004 but it did not go into effect until 2012." (10/14/14)

http://tinyurl.com/mb3dz2l  

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NV: Kennedy’s order preserving marriage apartheid was in error

October 9, 2014
posted by

San Francisco Chronicle    

"Supreme Court Justice Anthony Kennedy mistakenly blocked the start of same-sex marriage in Nevada in an order that spawned confusion among state officials and disappointment in couples hoping to be wed. Court spokeswoman Kathy Arberg confirmed this mix-up Thursday, saying Kennedy's order issued a day earlier was an error that the justice corrected with a second order several hours later. The 9th U.S. Circuit Court of Appeals in San Francisco declared bans on same-sex marriage in Idaho and Nevada illegal on Tuesday. Idaho quickly asked the Supreme Court for a delay, but Nevada planned to allow same-sex weddings to proceed. The trouble arose because Idaho's request to the court included a document from the appeals court that listed case numbers for both states." (10/09/14)

http://tinyurl.com/oovdcjv  

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SCOTUS: Inmate beards, Facebook threats on docket

October 5, 2014
posted by

Reuters    

"The U.S. Supreme Court opens on Monday a new term in which the nine justices will decide issues such as whether a Muslim prison inmate can have a beard and whether a man can be prosecuted for making threatening statements on Facebook. The term, which runs to the end of June, is expected to be defined by whatever action the justices take on whether states can ban gay marriage. They have not yet agreed to hear any of the seven cases already decided by federal appeals courts. Most legal experts expect them to decide the issue, with oral arguments early next year and a ruling likely in late June." (10/05/14)

http://tinyurl.com/pvqkfjz  

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VA: Anti-family group asks SCOTUS to delay end of marriage apartheid

August 14, 2014
posted by

Daily Press    

"Opponents of same-sex marriage filed a motion with the U.S. Supreme Court on Thursday to delay the implementation of a Norfolk federal judge's ruling that gay marriage in Virginia must be allowed. The Alliance Defending Freedom [sic], an Arizona-based Christian rights [sic] organization, asked Supreme Court Chief Justice John Roberts to stay the ruling's mandate until the larger case is heard by the high court on appeal." (08/14/14)

http://tinyurl.com/oxr7v7a  

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Anti-family state regimes ask SCOTUS to save marriage apartheid

August 7, 2014
posted by

Salt Lake Tribune    

"Utah on Tuesday became the first state to ask the U.S. Supreme Court to weigh in on the issue of same-sex marriage, but it won’t be the last. Hours after the state filed a more than 200-page petition with the high court, Virginia’s attorney general announced that he would soon do the same. ... Should the court decline to hear the case and deny Utah’s request, the 10th Circuit’s decision would stand -- effectively legalizing same-sex marriage in all of the states in that circuit: Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming." (08/06/14)

http://tinyurl.com/ljbhvy6  

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Supreme Court and European Union expose Google’s massive privacy liabilities

August 3, 2014
posted by

Heartland Institute Heartland Institute
by Scott Cleland  

"Contrary to tech-driven conventional wisdom, privacy is not dead. It’s being resurrected by SCOTUS in the U.S. and by various European authorities in the EU. This post-Snowden change is real and profound. The next twenty years will be different than the last when it comes to privacy." (08/05/14)

http://tinyurl.com/le83oem  

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US DoJ will oppose marriage apartheid at SCOTUS

July 13, 2014
posted by

ABC News    

"The Justice Department is set to urge the Supreme Court to uphold a lower-court ruling and block states from banning same-sex marriage, Attorney General Eric Holder said. ... the state of Utah is asking the Supreme Court to weigh in, as several other federal appeals courts across the nation consider similar cases that could make their way to the Supreme Court. If the Supreme Court agrees to hear any of those cases, the Justice Department will file a brief with the court that 'will be in support of same-sex marriage,' Holder said in a rare interview, sitting down with ABC News' Pierre Thomas." (07/13/14)

http://tinyurl.com/m7qrlzh  

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UT: AG will appeal marriage ruling directly to SCOTUS

July 9, 2014
posted by

Salt Lake Tribune    

"The Utah attorney general's office announced Wednesday that it will appeal the 10th Circuit Court's decision last month upholding same-sex marriage to the U.S. Supreme Court. Wednesday was the deadline for the state to seek a full-court review by all 12 judges of the 10th Circuit Court, but, according to a statement from the attorney general’s office, Utah will instead push onward to the U.S. Supreme Court. ... The federal high court is not obligated to hear Utah's appeal -- or any case regarding state same-sex marriage bans. Should the justices decline to hear such a case, the rulings of lower courts, like that of the 10th Circuit Court of Appeals, would stand as the law of the land." (07/09/14)

http://tinyurl.com/o5dg8gx  

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15 major decisions this year from a partisan Supreme Court

July 1, 2014
posted by

The American Prospect
by Paul Waldman  

"Since yesterday's dramatic Supreme Court decisions, I've seen a few people recall that back in 2000, a lot of liberals justified voting for Ralph Nader (or not voting at all) on the basis that there wasn't a dime's worth of difference between George W. Bush and Al Gore. Bush appointed John Roberts and Samuel Alito to the high court, and it's safe to say that Gore's nominees would have been somewhat different, so it's unlikely we'll be hearing that argument again. Wherever you place your priorities in terms of the actions of the executive branch, at this point in history, the nominating of Supreme Court justices has become extremely partisan, in a way that isn't necessarily bad." (07/01/14)

http://tinyurl.com/ob7h8b4  

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SCOTUS rules for religious exemption to ObamaCare contraception mandate

July 1, 2014
posted by

Washington Post    

"The Supreme Court says corporations can hold religious objections that allow them to opt out of the new health law requirement that they cover contraceptives for women. The justices' 5-4 decision Monday is the first time that the high court has ruled that profit-seeking businesses can hold religious views under federal law. And it means the Obama administration must search for a different way of providing free [sic] contraception to women who are covered under objecting companies' health insurance plans." (06/30/14)

http://tinyurl.com/q7nzgf9  

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The Supreme Court’s Hobby Lobby decision isn’t about corporations — it’s about people

July 1, 2014
posted by

Peter Suderman Reason
by Peter Suderman  

"It's pretty clear that complying with the contraception requirement would have violated the religious beliefs of the individuals in the small family that owns Hobby Lobby, a closely held corporation that expressly says in a statement of purpose that it is committed to 'operating the company in a manner consistent with Biblical principles.' (As Alito also notes, no one questioned the sincerity of their beliefs.) It's the free exercise of those individuals that the RFRA is designed to protect, and it's their individual religious freedoms that most concern Alito. The focus on these individuals, with their clearly defined religious beliefs, also suggests why the ruling might not apply to large public corporations where it is arguably much harder to pin down any individual interests." (06/30/14)

http://tinyurl.com/oga364j  

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SCOTUS rejects Google bid to drop frivolous Street View suits

June 30, 2014
posted by

Reuters    

"The U.S. Supreme Court on Monday rejected Google Inc's bid to dismiss a lawsuit accusing it of violating federal wiretap law when it accidentally collected emails and other personal data while building its popular Street View program. The justices left intact a September 2013 ruling by the 9th U.S. Circuit Court of Appeals, which refused to exempt Google from liability under the federal Wiretap Act for having inadvertently intercepted emails, user names, passwords and other data from private Wi-Fi networks to create Street View, which provides panoramic views of city streets." (06/30/14)

http://tinyurl.com/q6kdye2  

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SCOTUS rejects appeals on California’s “gay conversion therapy” ban

June 30, 2014
posted by

Time    

"California’s ban on gay conversion therapy is set to take effect after the Supreme Court declined to hear two cases challenging its legality. The measure prohibits mental health providers from 'engaging in sexual orientation change efforts' with minors, meaning that therapists and other licensed counselors are not allowed to engage in the controversial practice of attempting to rid someone under 18 of homosexual feelings. Governor Jerry Brown signed the ban into law in 2012, but it has been delayed by a series of legal challenges." (06/30/14)

http://tinyurl.com/l3478x7  

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SCOTUS turns away 9/11 suit against alleged al Qaeda supporters

June 30, 2014
posted by

Christian Science Monitor    

"Thousands of victims of the 9/11 terror attacks have lost their bid to revive a class-action lawsuit against various banks, financial officials, and members of Osama bin Laden's family for allegedly providing material support to Al Qaeda. The US Supreme Court on Monday declined to take up a case examining whether lower courts properly dismissed a significant portion of their lawsuit." (06/30/14)

http://tinyurl.com/orbahst  

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The Supreme Court’s Aereo effect might evaporate Silicon Valley’s cloud

June 27, 2014
posted by

Julian Sanchez Cato Institute
by Julian Sanchez  

"When is an online streaming service like a cable company? The US supreme court's answer on Wednesday -- sure to send chills down the spines of Silicon Valley entrepreneurs -- was this: when five justices think it kinda sorta looks like one. In a 6-3 ruling -- which, in a dissenting opinion, Justice Antonin Scalia predicted would 'sow confusion for years to come' -- the court held that a company called Aereo violates copyright when it lets users tune into broadcast TV signals over the internet. But the 'improvised standard' established by the court's majority in American Broadcasting Companies v Aereo creates new uncertainty about just what an innovative tech startup must do to stay on the right side of the law -- and raises questions about the legal status of familiar cloud services run by companies like Apple and Amazon." (06/25/14)

http://tinyurl.com/pabm8cq  

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SCOTUS rules against Obama on recess appointments

June 27, 2014
posted by

The Guardian [UK]    

"The US supreme court has dealt a damaging blow to Barack Obama's presidency by unanimously ruling that he overstepped his constitutional powers when he filled high-level government vacancies without consulting the Senate. The ruling released on Thursday is a victory for Republicans, who argued Obama's unlawfully made use of a clause in the constitution allowing the president to make appointments during congressional recess as part of a patten in which the White House routinely acts outside of his authority. However, in a majority opinion that infuriated conservative critics of the president, the supreme court simultaneously endorsed a broad interpretation of the circumstances in which a president can invoke the clause to appoint government officials without consulting the Senate." (06/26/14)

http://tinyurl.com/ldxq5rm  

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SCOTUS: Upstart Aereo TV service loses copyright case

June 25, 2014
posted by

Los Angeles Times    

"The Supreme Court has ruled that Aereo, the upstart television streaming service, violated copyright laws by resending broadcast signals without paying licensing fees. In a 6-3 decision, justices said the law forbids unlicensed companies to 'transmit' copyrighted shows to the viewing public. Aereo argued, unsuccessfully, that it was transmitting signals to individual customers through the use of tiny rented antennas. The decision is a major victory for TV broadcasters, who depend increasingly on licensing revenues from cable and satellite services." (06/25/14)

http://tinyurl.com/n2zbpjg  

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SCOTUS declines plea for NJ sports betting case

June 23, 2014
posted by

Christian Science Monitor    

"The US Supreme Court declined on Monday to examine a dispute between Gov. Chris Christie [R] and the nation’s leading sports associations –- including the National Football League, the National Basketball Association, the National Hockey League, and Major League Baseball -- over a halted plan in New Jersey to legalize sports betting. The action by the high court came in a one-line order without additional comment by the justices. It lets stand an injunction blocking New Jersey's effort to bring sports betting to the Garden State." (06/23/14)

http://tinyurl.com/o8yydu5  

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SCOTUS: EPA can regulate greenhouse gas emissions, with some limits

June 23, 2014
posted by

Washington Post    

"The Supreme Court on Monday mostly validated the Environmental Protection Agency’s plans to regulate power plant and factory emissions of greenhouse gases blamed for global warming while imposing some limits on the agency’s reach. The justices said the EPA could not rewrite specific standards written into the law, but they still handed the Obama administration and environmentalists a big victory by agreeing there was another way for the EPA to carry out its program." (06/23/14)

http://tinyurl.com/nzkg9xs  

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SCOTUS restricts some software patents

June 19, 2014
posted by

Politico    

"The Supreme Court on Thursday ruled that software based on an abstract idea isn’t eligible for a patent but stopped short of declaring all software patents ineligible, in a case that was closely watched by the tech industry. The unanimous decision in Alice Corporation Pty. Ltd. v. CLS Bank International is a small win for companies like Google, Apple, and Microsoft, which called on the court to address widespread confusion over what kinds of software can be patented. But the court’s relatively narrow decision doesn’t provide a much clearer test for determining which inventions can be patented. Nor does it render all software ineligible for patent protection — a goal of some tech giants like Twitter and Netflix." ()6/19/14)

http://tinyurl.com/q4ohlwm  

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SCOTUS: Second Amendment, Schmecond Maschmendment

June 17, 2014
posted by

The Hill    

"The Supreme Court on Monday deemed 'straw' purchases of guns illegal, delivering a huge win to advocates of stricter [victim disarmament laws]. In a 5-4 decision, the court concluded that one legal [sic] gun owner may not acquire a firearm on behalf of another -- a practice known as 'straw' purchasing. The case, known as Abramski v. United States, centered on a former police officer who sought to buy a Glock 19 handgun for his uncle. Though both men were allowed to own guns, Bruce Abramski claimed on forms that he was the 'actual transferee/buyer' of the weapon and was later convicted of making false statements." (06/16/14)

http://tinyurl.com/ojc52aa  

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SCOTUS rejects Argentina pols’ appeal on debt

June 17, 2014
posted by

Yahoo! News    

"The U.S. Supreme Court on Monday turned away Argentina's appeal of lower court rulings ordering it to pay more than $1.3 billion to hedge funds that hold some of the country's defaulted bonds. The justices did not comment in leaving in place court rulings that Argentina says could threaten its economy if it has to pay off the old debt. The dispute stems from debt left unpaid when the Argentine economy crashed in 2001. Hedge funds led by billionaire Paul Singer's NML Capital Ltd. bought some of the unpaid debt and refused to accept bonds of lesser value in exchange for regular debt payments." (06/16/14)

http://tinyurl.com/ldzbava  

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SCOTUS allows pro-life group to challenge Ohio ban on false campaign statements

June 16, 2014
posted by

Fox News    

"The Supreme Court delivered a major victory on Monday to an anti-abortion group that sought to challenge an Ohio law that bans campaign statements deemed to be false. The justices, in a unanimous decision, ruled that the Susan B. Anthony List can go ahead with a lawsuit challenging the law as a violation of free-speech rights. Both liberal and conservative groups have criticized the law, saying it has a chilling effect on political speech." (06/16/14)

http://tinyurl.com/kq8tfc4  

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