Posts Tagged ‘ SCOTUS ’

The battle for the Supreme Court

August 17, 2016
posted by

Future of Freedom Foundation Future of Freedom Foundation
by George Leef  

"Every case that comes before the U.S. Supreme Court has its unique factual setting and contentious legal issues, but in a large percentage of them, the decision ultimately comes down to this: Should the Court defer to the legislative and executive branches and thereby allow democracy to work, or should it overrule what they have done if their handiwork violates the Constitution? With all the furor over facts and holdings in individual cases, people are apt to miss the bigger picture -- the different judicial philosophies that shape judges' views. The clash of those philosophies is the subject of an excellent book by Damon Root, Overruled: The Long War for Control of the U.S. Supreme Court." (08/17/16)

http://fff.org/explore-freedom/article/battle-supreme-court/  

No Comments »

SCOTUS blocks lower court ruling against Virginia educrats feeling up students

August 4, 2016
posted by

Newsweek    

"A Virginia school board may temporarily block a student who was born a girl from using the boys' bathroom while a legal fight over transgender rights proceeds on appeal, the U.S. Supreme Court said on Wednesday. The case is the first time the fight over transgender bathroom rights has reached the Supreme Court. The subject arrived in the heat of a U.S. presidential election in which the makeup of the court is a central issue. In a brief order, the country's highest court put on hold an order from a lower court that had permitted the high school student to use the bathroom of his choice." (08/03/16)

http://www.newsweek.com/supreme-court-transgender-bathroom-virginia-appeal-law-block-breyer-487081?rx=us  

No Comments »

The landmark case that destroyed economic liberty

July 15, 2016
posted by

David S. D'Amato Future of Freedom Foundation
by David S D'Amato  

"If the Supreme Court's 1905 holding in Lochner v. New York is the widely reviled embodiment of the constitutional right to freedom of contract, then West Coast Hotel Co. v. Parrish is its celebrated antithesis. The New Deal era case has been identified with the beginning of a 'Constitutional Revolution' that freed progressive social policy to march triumphantly onward. But the official, approved story of West Coast Hotel, a case almost uniformly lauded by legal scholars, has it quite wrong. Far from heralding an enlightened era of reform, West Coast Hotel signals a break from traditional liberal values of freedom and individualism, a move in the direction of social engineering and control by political elites." (07/14/16)

http://fff.org/explore-freedom/article/landmark-case-destroyed-economic-liberty/  

No Comments »

Restoring “diversity” to the Supreme Court

July 4, 2016
posted by

Rob Natelson Heartland Institute
by Rob Natelson  

"Liberals talk a great deal about 'diversity' these days, so it is ironic that so many have lined up in favor of President Barack Obama's pick for the Supreme Court, Merrick Garland. On important measures, Garland would render the Court less diverse than it is now. One measure of diversity among justices is where they received their legal education. The Supreme Court hears cases nationwide. Because an attorney's law school training affects his or her outlook as a lawyer and as a judge, it makes sense for the justices to come from a range of different law schools, but they do not. When Justice Antonin Scalia was alive, eight of the nine justices had attended only two of the nation's more than 200 law schools." (07/03/16)

http://blog.heartland.org/2016/07/restoring-diversity-to-the-supreme-court/  

No Comments »

Supreme Court legalizes influence peddling: McDonnell v. United States

June 30, 2016
posted by

CounterPunch CounterPunch
by Rob Hager  

"Until now, it has been the corrupt Congress, not the Court, that has been responsible all these years for the failure to enforce traditional conflict of interest prohibitions against the increasing levels of legalized campaign finance corruption of politicians who divert their delegated public powers to the service of their benefactors' private interests against the public interests of the electorate. While the Supreme Court has given the benefactors nearly absolute First Amendment protection from any laws effectively prohibiting the supply of political investments, it is the politicians who have given themselves a free pass to deliver the influence they have peddled in return for those investments." (06/30/16)

http://www.counterpunch.org/2016/06/30/supreme-court-legalizes-influence-peddling-mcdonnell-v-united-states/  

No Comments »

Supreme Court eliminates corruption! (by defining it out of existence)

June 30, 2016
posted by

The Intercept The Intercept
by Jon Schwarz  

"Back in 2010, the majority held in Citizens United that corruption should be defined only as straightforward bribes. Do big donors to 'independent' Super PACs get a receipt saying 'Received: $5 Million in Return for Cutting Your Taxes?' No? Then according to the decision, the donation did 'not lead to, or create the appearance of, quid pro quo corruption,' and that's all that matters. Now in the unanimous McDonnell decision, the Court held that a lower court's interpretation of quid pro quo defined the quo too broadly, because for McDonnell to run interference for his generous donors with state officials didn't actually qualify as an 'official decision.' In other words, the Court first decided in 2010 that only out-and-out bribes matter, and now it has decided that only a carefully defined subset of bribes qualify." (06/29/16)

https://theintercept.com/2016/06/29/supreme-court-eliminates-political-corruption-by-defining-it-out-of-existence/  

No Comments »

Equal means color blind — not

June 30, 2016
posted by

Timothy J. Taylor Authority!
by Timothy J Taylor  

"[E]very SCOTUS justice should, by the mandate of his or her sworn oath to uphold the Constitution, vote to strike down any state law which does not protect all persons in the jurisdiction equally, right? Wrong, say Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Anthony Kennedy, in a 4 to 3 decision upholding a Texas affirmative action policy which blatantly takes the race of student applicants for admission to the University of Texas into account, and thereby denies equal protection of the law to whites." (06/29/16)

http://authoritycon.blogspot.com/2016/06/equal-means-color-blind-not.html  

No Comments »

SCOTUS turns down Washington pharmacy’s appeal against state enslavement

June 29, 2016
posted by

NBC News NBC News    

"The U.S. Supreme Court declined Tuesday to take up a challenge to a Washington state law that makes it illegal for pharmacies to refuse to dispense medications for religious reasons. The court's action, bypassing an invitation to wade back into the issues of religion and contraception, allows the state to enforce the law. Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito called the court's refusal to hear the case 'an ominous sign.' The case involved a small family-owned business whose owners objected to stocking birth control pills." (06/28/16)

http://www.nbcnews.com/news/us-news/supreme-court-declines-hear-pharmacy-s-religious-objections-case-n600261  

No Comments »

Why libertarians should applaud the SCOTUS ruling against Texas abortion regulations

June 29, 2016
posted by

Avens O'Brien The Libertarian Republic
by Avens O'Brien  

"I found this case particularly clear cut as a libertarian -- this was an obvious case of over-regulation, which caused more than half of the clinics in Texas to close. If any other industry faced this sort of punitive regulation, conservatives would have been up in arms, but since it was the abortion industry, many were perfectly fine with the law. The result of this law meant 10 abortion-capable clinics would exist in Texas to serve the 5.4 million women of childbearing age. Abortions, of course, are sometimes medically necessary, and this would literally put women's lives at risk, as well as creating undue burden on the right to abortion." (06/28/16)

http://thelibertarianrepublic.com/why-libertarians-should-applaud-the-scotus-ruling-against-texas-abortion-regulations/  

2 Comments »

SCOTUS rejects Kwame Kilpatrick appeal

June 28, 2016
posted by

Detroit Free Press    

"The U.S. Supreme Court on Monday rejected former Detroit Mayor Kwame Kilpatrick's appeal of a public corruption conviction, possibly ending his bid to overturn a decision that sent him to prison for 28 years. The court announced its decision not to review the case on its order list Monday without comment. ... A three-judge panel last August upheld Kilpatrick's conviction on 24 counts that include bribery, extortion and fraud for steering work to a longtime friend, Bobby Ferguson, who also was convicted." (06/28/16)

http://www.freep.com/story/news/2016/06/27/us-supreme-court-rejects-kwame-kilpatrick-appeal/86424366/  

No Comments »

SCOTUS strikes down Texas law that treats abortion clinics like other medical facilities

June 28, 2016
posted by

CNN CNN    

"In a dramatic ruling, the Supreme Court on Monday threw out a Texas abortion access law in a victory to supporters of abortion rights who argued it would have shuttered all but a handful of clinics in the state. The 5-3 ruling is the most significant decision from the Supreme Court on abortion in two decades and could serve to deter other states from passing so-called 'clinic shutdown' laws. ... There were two provisions of the law at issue. The first said that doctors have to have local admitting privileges at nearby hospitals, the second says that the clinics have to upgrade their facilities to hospital-like standards." [editor's note: Texas Administrative Code Rule ยง135.4 requires regular ambulatory surgical centers to "have a written transfer agreement with a hospital or all physicians performing surgery at the ASC shall have admitting privileges at a local hospital." Apparently pregnant women aren't as important to SCOTUS as other patients - TLK] (06/27/16)

http://www.cnn.com/2016/06/27/politics/supreme-court-abortion-texas/index.html  

12 Comments »

SCOTUS: Amply serving law enforcement’s interests versus society’s

June 28, 2016
posted by

Thomas L Knapp -- photo by Avens O'Brien William Lloyd Garrison Center for Libertarian Advocacy Journalism
by Thomas L Knapp  

"Searching the shed behind my house would certainly be 'significantly less intrusive' than searching my closet or requiring me to open the lock box in which I keep important personal documents. Does this mean that the police should be free to poke around in my shed without procuring a warrant based on probable cause to believe I've committed a crime, if doing so happens to 'amply serve their interests?' No, it doesn't. The Fourth Amendment's prohibition on unreasonable searches and seizures isn't there for the convenience of law enforcement. It's there to protect everyone else's rights from abuses BY law enforcement." (06/27/16)

http://thegarrisoncenter.org/archives/6478  

No Comments »

SCOTUS votes 6-2 against Second Amendment

June 27, 2016
posted by

United Press International United Press International    

"Gun ownership can be denied to those who commit reckless acts of domestic violence, the Supreme Court ruled Monday. The 6-2 ruling, in which Associate Justices Clarence Thomas and Sonia Sotomayor dissented, upheld sentences of two men who argued their prior misdemeanor domestic abuse convictions should not deny them the opportunity to own weapons." (06/27/16)

http://www.upi.com/Top_News/US/2016/06/27/Gun-ownership-can-be-denied-to-domestic-abusers-Supreme-Court-rules/3131467042146/  

No Comments »

SCOTUS: Bribery is fine if you’re a governor and make up a good cover story

June 27, 2016
posted by

ABC News ABC News    

"A unanimous Supreme Court on Monday overturned the bribery conviction of former Virginia Gov. Bob McDonnell in a ruling that could make it harder for prosecutors to bring corruption cases against elected officials. McDonnell had been found guilty in 2014 of accepting more than $165,000 in gifts and loans from a wealthy businessman in exchange for promoting a dietary supplement. He was sentenced to two years in prison, but was allowed to remain free while the justices weighed his appeal. The justices voted to narrow the scope of a law that bars public officials from taking gifts in exchange for 'official action,' saying it does not cover routine courtesies like setting up meetings or hosting events for constituents." (06/27/16)

http://abcnews.go.com/Politics/wireStory/high-court-overturns-va-governors-conviction-40160581  

No Comments »

Jim Crow is alive and well and attending the University of Texas

June 23, 2016
posted by

Thomas L Knapp -- photo by Avens O'Brien William Lloyd Garrison Center for Libertarian Advocacy Journalism
by Thomas L Knapp  

"When the expression 'race-conscious' crosses my field of view, it's usually a safe bet that the person using it is a 'white supremacist' or 'white separatist' chiding those of similar skin tone for not joining him in his dislike of those of darker hue. And usually the vast majority of us see that for what it is and reject it, as we should. Usually. But not when racial quotas and set-asides come up for consideration in the courts. Then racism suddenly becomes not just acceptable but mandatory, or at least de rigueur, in stark contrast to Dr. Martin Luther King's call for a society where we are judged on the content of our characters rather than on the color of our skins." (06/23/16)

http://thegarrisoncenter.org/archives/6460  

No Comments »

Deadlocked Supreme Court deals big blow to Obama immigration plan

June 23, 2016
posted by

CNN CNN    

"In a crushing blow to the White House, the Supreme Court announced Thursday it was evenly divided in a case concerning President Barack Obama's controversial executive actions on immigration. The one-sentence ruling, issued without comment or dissent, means that the programs will remain blocked from going into effect, and the issue will return to the lower court. It is exceedingly unlikely the programs will go into effect for the remainder of the Obama presidency." (06/23/16)

http://www.cnn.com/2016/06/23/politics/immigration-supreme-court/  

No Comments »

SCOTUS upholds racial discrimination in university admissions

June 23, 2016
posted by

USA Today USA Today    

"A deeply divided Supreme Court upheld the use of racial preferences in admissions at the University of Texas Thursday, giving an unexpected reprieve to the type of affirmative action policies it has allowed for nearly four decades. The 4-3 ruling did not address all programs designed to attract a diverse student body at colleges and universities. But Justice Anthony Kennedy and the court's more liberal justices said Texas'[s] unique method of singling out some minority students for admission to its flagship campus in Austin was constitutional. The court previously upheld the use of race in college admissions in 1978, then again in 2003." (06/23/16)

http://www.usatoday.com/story/news/politics/2016/06/23/supreme-court-university-texas-affirmative-action-race/83239790/  

No Comments »

Supreme Court ruling is admissible evidence of police state

June 23, 2016
posted by

Kelly Vee Center for a Stateless Society
by Kelly Vee  

"On Monday, June 20, the U.S. Supreme Court ruled that evidence police find during illegal stops is admissible in court. As long as the officer can find some outstanding warrant in your name, the court will excuse the officer's illegal stop. The Supreme Court's decision would be disappointing if you expected the Supreme Court to do anything other than serve itself." (06/23/16)

https://c4ss.org/content/45423  

No Comments »

Utah v. Strieff: SCOTUS fuels a dangerous fire

June 22, 2016
posted by

Thomas L Knapp -- photo by Avens O'Brien William Lloyd Garrison Center for Libertarian Advocacy Journalism
by Thomas L Knapp  

"The US Supreme Court's majority opinion in Utah v. Strieff, issued on June 20, is the latest in a long line of rulings expanding the powers of police at the expense of everyone else. Such expansions represent a clear and present danger to the public ... and when resistance to the abuses they encourage explodes into open violence, as it surely will sooner or later, to police themselves." (06/21/16)

http://thegarrisoncenter.org/archives/6431  

No Comments »

SCOTUS: Law? That’s for the little people, not cops!

June 22, 2016
posted by

Denver Post    

"The Supreme Court ruled Monday that courts need not throw out evidence of a crime even if the arresting police officer used unlawful tactics to obtain it. ... The court voted 5 to 3 to reverse a decision of the Utah Supreme Court that threw out drug-possession evidence seized from Edward Strieff in 2006. Monday's U.S. Supreme Court majority agreed that South Salt Lake police officer Douglas Fackrell did not have reasonable suspicion to stop Strieff as he exited a house being watched for drug activity. But once Fackrell radioed in and found that there was an outstanding warrant on Strieff for a traffic violation, he was able to arrest and search him, and the discovery of the drugs was legitimate, the justices ruled." (06/20/16)

https://www.denverpost.com/2016/06/20/supreme-court-rules-5-3-that-mistakes-by-officer-dont-undermine-conviction/  

No Comments »

SCOTUS to New York, Connecticut regimes: Screw the Constitution, do whatever you want

June 21, 2016
posted by

ABC News ABC News    

"The Supreme Court has rejected challenges to assault weapons [sic] bans in Connecticut and New York, in the aftermath of the shooting attack on a gay nightclub in Orlando, Florida, that left 50 people dead. ... Connecticut and New York enacted bans on assault weapons [sic] and large-capacity magazines [using] the December 2012 massacre of 20 children and six educators at the Sandy Hook Elementary School in Newtown, Connecticut [as a pretext]." (06/20/16)

http://abcnews.go.com/Politics/wireStory/supreme-court-leaves-state-assault-weapons-bans-place-39987790  

No Comments »

All eyes are on these three Supreme Court cases

June 21, 2016
posted by

USA Today USA Today
by Richard Wolf  

"Thirteen cases remain to be decided at the Supreme Court this month, but all eyes are on three of them. With the tumultuous 2015-16 term marked by Justice Antonin Scalia's death winding down, decisions on access to abortion, the use of affirmative action in college admissions, and the fate of millions of undocumented immigrants will determine whether the evenly-divided court tilted liberal or conservative. Other cases still pending before the eight-member court include one that could set a higher bar for public corruption and another that could affect drunk drivers who refuse breath or blood tests." (06/20/16)

http://www.usatoday.com/story/news/politics/2016/06/19/supreme-court-abortion-immigration-affirmative-action-obama-texas/86090066/  

No Comments »

SCOTUS: Puerto Rico pols can’t restructure debt

June 14, 2016
posted by

The Hill    

"The Supreme Court ruled Monday that Puerto Rico can't restructure the debts of its public utilities to avoid a financial crisis, closing off one of the island's last remaining options for avoiding default without help from Congress. In a 5-2 ruling, the justices said that although the government and people of Puerto Rico should not have to wait for possible congressional action to avert a financial crisis, the Constitution does not allow them to rewrite a statute that Congress enacted in 1984. While states can allow municipalities to seek such debt relief, the lower court said, Congress had not given Puerto Rico that right." (06/13/16)

http://thehill.com/regulation/court-battles/283249-supreme-court-puerto-rico-cant-restructure-debt  

No Comments »

New SCOTUS cases may narrow death penalty

June 9, 2016
posted by

Christian Science Monitor Christian Science Monitor    

"For a few minutes Monday morning the future of the death penalty in America looked in dire straits. The US Supreme Court announced that it would hear two capital cases from Texas next term, cases that would question the constitutionality of the practice on multiple levels, including how capital defendants are sentenced and how they are treated on death row. But the court quickly scaled back expectations that the death penalty itself was on the line by clarifying that they will not be considering one key question: whether decades-long stays on death row violate the Eighth Amendment. The court will instead focus on two narrow questions about what kind of defendants should be sentenced to death." (06/07/16)

http://www.csmonitor.com/USA/Justice/2016/0607/New-Supreme-Court-cases-may-narrow-death-penalty  

No Comments »

School board plans to ask SCOTUS to let them go back to groping students’ genitals

June 7, 2016
posted by

The Washington Post Washington Post    

"A Virginia school board plans to ask the U.S. Supreme Court to decide whether the Obama administration went too far in directing the nation's schools to let transgender students use bathrooms of their choice, arguing that the guidance issued to schools is an overreach of power and violates student privacy. ... Joshua Block, an ACLU attorney who has been working on [Gavin] Grimm's case, said it is unfortunate that the school board is seeking a Supreme Court hearing at this stage of the case. 'It is a shame that the Gloucester County School Board continues to spend so much time and money to prevent Gavin from using the restroom,' Block said. 'We will continue to fight on behalf of Gavin and all transgender students to ensure that schools live up to their obligations under Title IX.'" (06/07/16)

https://www.washingtonpost.com/local/education/school-board-plans-to-ask-us-supreme-court-to-hear-transgender-bathroom-case/2016/06/07/381c76f2-2cce-11e6-9de3-6e6e7a14000c_story.html  

No Comments »

Our Sponsors