Posts Tagged ‘ SCOTUS ’

SCOTUS deals blow to Obama by putting his climate change rules on hold

February 10, 2016
posted by

Los Angeles Times Los Angeles Times    

"The Supreme Court dealt a surprising setback to President Obama on Tuesday by putting his climate change policy on hold while a coalition of coal producers and Republican-led states challenge its legality. The justices, by a 5-4 vote, issued an unusual emergency order that blocks the Environmental Protection Agency from moving forward with its effort to reduce carbon pollution from power plants by 32% by 2030. ... It is rare for the high court to intervene in a case pending in the lower courts. The brief order suggests that most of the justices have doubts about the legality of the EPA's policy." (02/09/16)

http://www.latimes.com/nation/la-na-court-obama-climate-change-20160209-story.html  

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SCOTUS limits life sentences for juvenile killers

January 25, 2016
posted by

Bloomberg    

"The U.S. Supreme Court gave retroactive effect to a 2012 ruling that banned automatic life-without-parole sentences for juvenile murderers, in a decision that may apply to hundreds of inmates. The 6-3 ruling came in the case of Henry Montgomery, a Louisiana man still in prison for killing a sheriff's deputy as a 17-year-old in 1963. Montgomery and other convicted murderers now will either become eligible for parole or gain the right to a new sentencing hearing." (01/25/16)

http://www.bloomberg.com/politics/articles/2016-01-25/sentences-for-young-murderers-limited-by-u-s-supreme-court  

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SCOTUS to take up Obama immigration actions

January 20, 2016
posted by

CNN CNN    

"The Supreme Court announced Tuesday that it will decide the fate of President Barack Obama's immigration actions this term. The actions are aimed at allowing millions of undocumented immigrants to apply for programs that could make them eligible for work authorization and associated benefits. The President unveiled the programs over a year ago, but federal courts blocked implementation in response to a challenge brought by Texas and 25 other states. Since then, the nearly 4.3 million immigrants who would have been eligible have been caught in legal limbo." (01/19/16)

http://www.cnn.com/2016/01/19/politics/supreme-court-to-take-up-obama-immigration-actions/  

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SCOTUS to weigh insider trading case

January 19, 2016
posted by

USA Today USA Today    

"The U.S. Supreme Court on Tuesday agreed to weigh an appeal in a significant insider-trading case that could affect the Department of Justice crackdown on suspected Wall Street corruption. The nation's top court will consider the 2013 California federal court conviction of Illinois resident Bassam Yacoub Salman on charges of conspiracy and securities fraud. The charges stemmed from profitable trades Salman executed between 2004 and 2007 based on secret financial information provided by a former Citigroup investment banker whose family Salman was related to by marriage." (01/19/16)

http://www.usatoday.com/story/money/2016/01/19/supreme-court-weigh-insider-trading-case/78998130/  

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SCOTUS strikes down Florida process for ordering state employees to kill inmates

January 12, 2016
posted by

Reuters Reuters    

"Florida's sentencing process in death penalty cases violates the constitutional rights of criminal defendants, the U.S. Supreme Court ruled on Tuesday, siding with a death row inmate convicted in the 1998 murder of a fried-chicken restaurant manager. ... The Supreme Court found that Florida's sentencing process violated the Sixth Amendment, which spells out fundamental rights of criminal defendants, because it allowed judges, rather than juries, to make key findings that led to Hurst's death sentence." (01/12/16)

http://www.reuters.com/article/us-usa-court-deathpenalty-idUSKCN0UQ1VN20160112  

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SCOTUS seems sure to rule “against unions”

January 12, 2016
posted by

USA Today USA Today    

"The Supreme Court left little doubt Monday where it stands on forcing teachers and government workers to contribute to public employee unions against their will: It's ready to strike the requirement down. The court's more conservative justices sharply criticized the current system in which public employees in 23 states and the District of Columbia must pay for the cost of collective bargaining, even if they disagree with their unions' demands. The problem, those justices said, is that virtually everything the unions do affects public policy and tax dollars." [editor's note: This seems a lot like common sense to this aging libertarian - SAT] (01/11/16)

http://www.usatoday.com/story/news/2016/01/11/supreme-court-public-employee-union-teachers-california/78630590  

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Justice Scalia denies Establishment Clause

January 4, 2016
posted by

Timothy J. Taylor Authority!
by Timothy J Taylor  

"God, (that crusty old conceptual abstraction in consciousness), has a dedicated legal advocate on the Supreme Court of the United States. His name is Antonin Scalia. He's the longest serving justice there; and ever since President Ronald Reagan appointed him to his exalted perch 1986, his fervent judicial quest has been to deny the effect of First Amendment Establishment Clause in the Bill of Rights -- you know -- the part which requires our government to remain neutral in matters of religion. Antonin Scalia is on a mission from God." (01/03/15)

http://authoritycon.blogspot.com/2016/01/justice-scalia-denies-establishment.html  

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Don’t let principals censor the Internet

December 23, 2015
posted by

Jacob Sullum Reason
by Jacob Sullum  

"In a ruling by the U.S. Court of Appeals for the 5th Circuit last August, Judge Rhesa Hawkins Barksdale argued that a rap song featuring allegations of sexual harassment against two high school coaches represented a threat to civilization itself. As Barksdale explained it, coaches are teachers, teachers are essential to education, and 'without education, there can be little, if any, civilization.' If Barksdale is right, public school officials in Itawamba County, Mississippi, were valiantly fighting a return of the Dark Ages when they suspended Taylor Bell, an 18-year-old senior, for posting his song online. A less generous view, one that Bell is asking the Supreme Court to consider, suggests they were doing something a bit less noble: punishing speech that offended them." (12/23/15)

https://reason.com/archives/2015/12/23/dont-let-principals-censor-the-internet  

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Serpent in the Supreme Court: The folly of “strict scrutiny,” from Japanese internment to affirmative action

December 14, 2015
posted by

Independent Institute Independent Institute
by Jonathan Bean  

"The news media is covering yet another Supreme Court review of affirmative action: The Fisher II case involving the use of race in admissions to the University of Texas at Austin. This case, like other college admission decisions dating to Bakke (1978), hinges on how the Supreme Court applies a 'strict scrutiny' standard that originated with a decision upholding Japanese internment (Korematsu v. United States, 1944). Now heralded as an advanced yardstick in civil rights jurisprudence, this contrived standard did Japanese Americans little good: the Court deferred to the government's wisdom in interning citizens based on their race or national origin." (12/10/15)

http://blog.independent.org/2015/12/10/serpent-in-the-supreme-court-the-folly-of-strict-scrutiny-from-japanese-internment-to-affirmative-action/  

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Universities and race

December 9, 2015
posted by

Cato Institute Cato Institute
by David B Rivkin Jr. and Andrew M Grossman  

"The don't-ask-don't-tell era of racial preferences in college admissions may soon be at an end, as Abigail Fisher's challenge to the University of Texas's affirmative-action program makes its second appearance before the Supreme Court, which will hear the case this Wednesday. Significantly, Ms. Fisher isn't asking the Court to ban affirmative action. Instead, her case seeks to hold schools to the general rule that the government may employ race-based measures only as a last resort. And even then, such measures must be almost perfectly calibrated to serve a compelling interest -- in this instance, achieving the educational benefits of diversity." (12/08/15)

http://www.cato.org/publications/commentary/universities-race  

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SCOTUS to hear two disputes over how to draw political maps

December 8, 2015
posted by

MarketWatch MarketWatch    

"The Supreme Court on Tuesday will hear two cases that dispute the methods used to draw political maps, with a challenge from Texas having the potential to create the greatest upheaval in legislative districts since the 1960s voting-rights rulings. The Texas lawsuit contends the Constitution forbids the formula 49 states have used for decades: applying a state's total population, as determined by the census, as the numerator under a doctrine known as one-person, one-vote. It argues political districts should be drawn instead from 'eligible voters,' a requirement that would exclude swaths of the population currently used in map calculations, such as children, illegal immigrants and others who can't vote." (12/08/15)

http://www.marketwatch.com/story/supreme-court-to-hear-two-disputes-over-how-to-draw-political-maps-2015-12-08-81035049  

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SCOTUS won’t review unconstitutional state, local victim disarmament laws

December 8, 2015
posted by

The Washington Post Washington Post    

"The Supreme Court on Monday declined to review the ability of cities and states to prohibit semiautomatic high-capacity assault weapons that have been used in some of the nation's most deadly recent mass shootings. The justices decided not to reconsider a lower court's decision in a case from the city of Highland Park, Ill., near Chicago. But seven states -- Maryland, California, Connecticut, Hawaii, Massachusetts, New Jersey and New York -- have similar bans, and all of the prohibitions remain in place. ... Gun rights advocates say cities and states continue to put unreasonable restrictions on the constitutional right. But the court has not yet found a case it thinks requires its intervention." (12/07/15)

https://www.washingtonpost.com/politics/courts_law/supreme-court-wont-review-laws-banning-so-called-assault-weapons/2015/12/07/b562678e-96fb-11e5-94f0-9eeaff906ef3_story.html  

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SCOTUS blocks Hawaiian election vote count

December 3, 2015
posted by

Lisbon Morning Journal    

"The U.S. Supreme Court on Wednesday blocked votes from being counted in a unique election that's considered a major step toward self-governance for Native Hawaiians. The high court granted an injunction requested by a group of Native Hawaiians and non-Hawaiians challenging the election. They argue Hawaii residents who don't have Native Hawaiian ancestry are being excluded from the vote, in violation of their constitutional rights." [editor's note: If you were born in Hawaii, you're a native Hawaiian. The people referred to here as such are people who can claim some non-trivial degree of descent from the Hawaiians who lived there before the arrival of Europeans et. al - TLK] (12/02/15)

http://www.morningjournalnews.com/page/content.detail/id/993789/Supreme-Court-blocks-Native-Hawaiian-election-vote-count.html?isap=1&nav=5021  

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Abortion again goes to the Supreme Court

December 2, 2015
posted by

Doug Bandow The American Spectator
by Doug Bandow  

"Abortion is again headed to the Supreme Court. At issue is a Texas law setting medical standards for abortionists. Clinics must maintain the standards of 'ambulatory surgical centers' and doctors must have 'admitting privileges' at local hospitals. The rules would close three-fourths of existing clinics, so abortion advocates filed suit. The case has national implications since six states mandate the former while ten impose the latter. ... Flagrant hypocrisy afflicts virtually everyone involved in the debate. Pro-life conservatives, who tend to be skeptical of government mandates, wax eloquent about the importance of ensuring the safety of abortion patients. Pro-abortion liberals, normally enthralled when government substitutes its judgment for that of anyone and everyone else for most any purpose, suddenly reject measures that make abortion safer. It's a form of American Kabuki Theater, bound to entertain if not enlighten." (11/30/15)

http://spectator.org/articles/64797/abortion-again-goes-supreme-court  

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The Supreme Court should hurry up and wait on immigration

November 24, 2015
posted by

Cato Institute Cato Institute
by Ilya Shapiro and Josh Blackman  

"On Friday, less than two weeks after a federal appellate court affirmed the injunction against President Obama's executive action on immigration, the administration asked the Supreme Court to give the case 'immediate review.' Despite the administration's desperate plea to resolve the case as soon as possible --to allow a policy whose general thrust we agree with to proceed --the justices need not rush what could become a landmark separation-of-powers case." [editor's note: But the case is so SIMPLE -- Article II, Section 2 of the US Constitution clearly and unambiguously empowers the president to "grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment" -- that there's really no reason to wait; it's a slam dunk if the Constitution means what it says - TLK] (11/24/15)

http://www.cato.org/publications/commentary/supreme-court-should-hurry-wait-immigration  

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Little Sisters of the Poor vs. government almighty

November 17, 2015
posted by

The American Spectator
by David Catron  

"The Supreme Court's decision to hear Little Sisters of the Poor v. Burwell means that another group of Christians bedeviled by Beltway bureaucrats must beg permission from nine unelected government officials to practice their faith unmolested. This isn't about women’s health or reproductive rights. It's just another battle in the war on religious liberty waged by various manifestations of the state for two millennia. Whether it's President Obama ordering his HHS secretary to bring intransigent nuns to heel or the Emperor Trajan advising a provincial governor on the proper punishment of unrepentant Christians, it's all about worshipping the state gods." (11/16/15)

http://spectator.org/articles/64664/little-sisters-poor-vs-government-almighty  

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SCOTUS turns down case seeking disclosure on corporate welfare for Planned Parenthood

November 16, 2015
posted by

Kokomo Tribune    

"The Supreme Court has rejected an anti-abortion group's bid to force disclosure of confidential Planned Parenthood and federal government records about a contract for family planning services in New Hampshire. The justices on Monday let stand a ruling that allowed the U.S. Health and Human Services Department to withhold some documents in a Freedom of Information Act lawsuit filed by New Hampshire Right to Life. Abortion opponents objected to a $1 million contract HHS awarded Planned Parenthood in 2011 for family planning services in New Hampshire.

http://www.kokomotribune.com/news/nation_world_news/supreme-court-won-t-hear-case-over-grant-to-planned/article_3ebae7a0-8c79-11e5-9845-77a56b01dac8.html  

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SCOTUS to hear Texas case on abortion clinic rules

November 15, 2015
posted by

CNN CNN    

"The Supreme Court announced Friday that it will hear a challenge to key parts of Texas'[s] 2013 abortion law that supporters of abortion rights say is one of the strictest in the nation. The court has not heard a major abortion case since 2007, and its decision will likely come down sometime next spring or early summer in the heat of the presidential campaign. ... While supporters of the law argue it's meant to protect women's health, opponents say it has nothing to do with health and safety, but instead is a disguised attempt to put an end to abortion. Other states have similar legislation percolating through the lower courts. One provision at issue requires that doctors who perform abortions have admitting privileges at a nearby hospital. The other mandates that clinics upgrade their facilities to hospital-like standards." (11/13/15)

http://www.cnn.com/2015/11/13/politics/supreme-court-to-hear-major-abortion-case/  

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SCOTUS appeal of immigration case comes mid-campaign

November 10, 2015
posted by

ABC News ABC News    

"The Obama administration said Tuesday it will ask the Supreme Court to save its plans to shield from deportation millions of immigrants living in the country illegally [sic]. The appeal advances a legal confrontation with 26 states during a presidential race already roiled by disputes over U.S. immigration policy. The 5th U.S. Circuit Court of Appeals late Monday effectively blocked President Barack Obama's plan to protect as many as 5 million immigrants, primarily the immigrant parents of U.S. citizens and legal permanent residents. It upheld a Texas-based federal judge's earlier injunction." (11/10/15)

http://abcnews.go.com/Politics/wireStory/high-court-appeal-immigration-case-mid-campaign-35102618  

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MO: SCOTUS halts planned killing of inmate by state employees

November 3, 2015
posted by

The Washington Post Washington Post    

"The Supreme Court on Tuesday night halted a scheduled execution in Missouri, saying that the lethal injection should be delayed until after a lower court rules. Ernest Lee Johnson was sentenced to death for killing three people with a claw hammer in 1994. His attorneys wrote in filings asking the Supreme Court to stay the execution that Johnson had brain surgery in 2008 to remove a tumor, but that part of the tumor could not be removed. Johnson is missing between 15 and 20 percent of his brain, the attorneys wrote. As a result, Johnson has brain damage and a doctor cited as a medical expert believes he could suffer seizures due to the lethal injection, his attorneys said." (11/03/15)

https://www.washingtonpost.com/news/post-nation/wp/2015/11/03/supreme-court-halts-missouri-execution/  

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SCOTUS to consider racial bias in selecting jurors

November 2, 2015
posted by

NBC News NBC News    

"Prosecutors used green highlighters to mark the names of black people on a list of potential jurors. Five black panelists qualified to serve were the first five on a government list of 'definite NO's.' And prospective black jurors were noted as 'B#1, B#2, and B#3.' On Monday, the U.S. Supreme Court will consider whether those are signs that Georgia prosecutors impermissibly based their jury selection choices on race, ending up with an all-white jury in the murder trial of a black man." (11/02/15)

http://www.nbcnews.com/news/us-news/u-s-supreme-court-consider-racial-bias-selecting-jurors-n455566  

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SCOTUS rejects appeal of California’s “top two” election-rigging scheme

October 14, 2015
posted by

Courthouse News Service    

"The U.S. Supreme Court on Tuesday refused to a hear the case of minor political parties in California who claim they're shut out of general elections because of the state's top-two primary system. In November 2011, the Green Party of Alameda County joined the state's Libertarian Party and Peace and Freedom Party in suing the California Secretary of State after voters passed a top-two system for electing statewide and legislative officeholders in 2010. Under the system, an open nonpartisan primary is followed by a general-election runoff between the primary's top two vote-getters. The minor parties complained the change kept them off the ballot because -- regardless of any support their candidates may have received in the primary -- they would never get enough votes to get into the top two and thus on to the general election ballot." [hat tip -- Ballot Access News] (10/13/15)

http://bit.ly/1k34yE7  

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The death penalty feud at the Supreme Court

October 14, 2015
posted by

The Atlantic The Atlantic
by Garrett Epps  

"Justice Stephen Breyer, in a separate opinion for himself and Justice Ruth Bader Ginsburg, announced in Glossip that, in his view, the death penalty could no longer be administered fairly, and thus was unconstitutional. That didn't sit well with Justice Antonin Scalia, who wrote in a separate opinion that Breyer's 'argument is full of internal contradictions and (it must be said) gobbledy-gook.'" (10/13/15)

http://theatln.tc/1VPXBHJ  

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The Supreme Court’s dreadful record on freedom

October 2, 2015
posted by

James Bovard Future of Freedom Foundation
by James Bovard  

"Supreme Court decisions on asset forfeiture have helped police confiscate cars, cash, and other property from scores of thousands of Americans without a criminal conviction. In 1996, the Supreme Court upheld the seizure of an automobile jointly owned by a husband and a wife after the husband was caught with a prostitute on the front seat. The Clinton administration brief to the Supreme Court blamed the wife for her husband's illicit use of the auto, claiming that she had not taken 'all reasonable steps to prevent illegal use of the car.' Chief Justice William Rehnquist based his pro-government decision heavily on an 1827 case involving the seizure of a Spanish pirate ship that had attacked U.S. ships. Rehnquist did not deign to explain the legal equivalence of piracy in the 1820s and prostitution in the 1990s." (10/01/15)

http://bit.ly/1OatRkk  

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Four justices who stood for justice

September 27, 2015
posted by

Lawrence W. Reed Foundation for Economic Education
by Lawrence W Reed  

"Four justices in particular drew FDR's wrath in the 1930s. They did the job they were sworn to do: uphold the Constitution as it was written against all attempts to subvert it or the liberties of the people it protected. They were respected legal scholars of the first order. Unlike Roosevelt, they didn't think it was their duty to torture the Constitution until it confessed to federal powers never dreamed of by those who designed it. Power and political expediency were not among their priorities. These four heroes were George Sutherland, Willis Van Devanter, James Clark McReynolds, and Pierce Butler. In few law schools today are these four defended as heroes." (09/25/15)

https://fee.org/freeman/four-justices-who-stood-for-justice/  

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