Posts Tagged ‘ SCOTUS ’

SCOTUS: Immigration case weighs states’ powers

April 22, 2012
posted by

Reuters    

"A clash over immigration law will go before the U.S. Supreme Court this week, pitting the state of Arizona against President Barack Obama in a case with election-year political ramifications for him and Republican rival Mitt Romney. In its second-biggest case this term, the court -- fresh from hearing the Obama healthcare overhaul case -- will consider on Wednesday whether a tough Arizona immigration crackdown strayed too far into the federal government's powers." [editor's note: That's a sad boundary-issue to be discussing, when neither realm should really have such powers in a truly free society - SAT] (04/22/12)

http://tinyurl.com/76kd354  

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Obama’s Supreme Court rebuff

April 9, 2012
posted by

Breaking All The Rules Breaking All The Rules
by SARTRE  

"Many Americans still revere the Supreme Court. As one of the three branches of the Federal government, confidence in their conduct and authority is usually higher than Congress or the Presidency. Yet when a real or contrived constitutional crisis develops, the screams and indignation arise and point to a convenient culprit. The current Obamacare case before this court has all the trappings of a full-blown confrontation. The reason is simple. The underlying question before the Supremes is not purely a legal matter. At stake is whether this country is actually a government under laws. Alternatively, is it an authoritarian dictatorship nuisance by irritating lawful restraints?" (04/08/12)

http://batr.org/reactionary/040812.html  

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The liberal attack on the Court

April 9, 2012
posted by

Steve Chapman Reason
by Steve Chapman  

"To pillory or punish judges for doing their job undermines the legitimacy not just of the court but of our entire constitutional system." (04/09/12)

http://reason.com/archives/2012/04/09/the-liberal-attack-on-the-court  

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Point: How the Supreme Court will find the individual mandate constitutional

April 9, 2012
posted by

The Liberty Papers
by Brad Warbiany  

"Stipulated up front -- I believe that ObamaCare is a severe affront to individual rights, limited government, and the ideals upon which our Republic was founded. In my own view of Constitutional jurisprudence, overturning the law is a no brainer. But as with most things our government does, they’re not listening to me, so the question is simple: Does the Supreme Court have enough precedent to find the individual mandate Constitutional? I think they do." (04/03/12)

http://bit.ly/IuCCSB  

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Counterpoint: The Supreme Court will find the individual mandate unconstitutional

April 9, 2012
posted by

The Liberty Papers
by Doug Mataconis  

"Brad is correct that the Court could construct a limiting principle if it ends up saying that the mandate is Constitutional. Perhaps this is what it will end up doing. However, it is worth understanding the importance of the failure of the Government to articulate a limiting principle when asked for one by the Court." (04/04/12)

http://bit.ly/IuC6Ux  

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Does (or should) SCOTUS have the final word on the ObamaCare statute?

April 5, 2012
posted by

Independent Institute Independent Institute
by Melancton Smith  

"The real question is whether the Court should be the final word on the matter? That is, is the judiciary supreme? Must the executive and the Congress bow and move on to other issues. Or, should Congress remove the Court’s jurisdiction over the statute via the Exceptions Clause, which gives Congress virtually unlimited authority over the appellate jurisdiction of the federal courts?" (04/04/12)

http://bit.ly/HgMykt  

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Founding Fathers helped argue healthcare case

April 1, 2012
posted by

Christian Science Monitor
by Warren Richey  

"US Supreme Court justices probably don’t believe in ghosts, but in the extraordinary arguments conducted this week at the high court could be heard the voices of the Framers of the Constitution. It wasn’t just Solicitor General Donald Verrilli, or Washington lawyers Paul Clement and Michael Carvin, at the lectern before the assembled justices. With them in a courtroom crowded with members of the Senate and House, scholars, and lawyers were some of the most outspoken leaders of the founding generation. If one listened closely their spirit was unmistakably present." [editor's note: A good analysis, and one that even properly labels the Hamiltonian/Jeffersonian continuing conflict - SAT] (03/30/12)

http://tinyurl.com/7vay898  

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The ObamaCare penalty that isn’t

March 28, 2012
posted by

Jacob Sullum Reason
by Jacob Sullum  

"On Monday U.S. Solicitor General Donald Verrilli told the Supreme Court the 'shared responsibility payment' required of Americans who fail to obtain government-approved medical coverage is not a tax. On Tuesday he said it is. In the first instance, Verrilli was urging the Court to address the constitutionality of the individual health insurance mandate in spite of an 1867 law that ordinarily bars legal challenges to taxes that have not been collected yet. On the following day, he was arguing that, even if the mandate cannot be justified as a regulation of interstate commerce, it is a legitimate exercise of Congress's tax power." (03/28/12)

http://reason.com/archives/2012/03/28/the-obamacare-penalty-that-isnt  

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ObamaCare battle reaches SCOTUS

March 25, 2012
posted by

Salt Lake Tribune    

"The monumental fight over a health care law that touches all Americans and divides them sharply comes before the Supreme Court on Monday. The justices will decide whether to kill or keep the largest expansion in the nation’s social safety net in more than four decades. Two years and three days after President Barack Obama signed into law a health care overhaul aimed at extending medical insurance to more than 30 million Americans, the high court begins three days of hearings over the law’s validity." (03/25/12)

http://bit.ly/H7aYKL  

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Obama’s justices vs. Obama

January 26, 2012
posted by

Steve Chapman Reason
by Steve Chapman  

"Barack Obama, the law professor who railed against the Bush administration's disdain for privacy, has been to civil liberties what the Hindenburg was to air travel: an unexpected debacle. Time after time, he has chosen to uphold government power at the expense of individual protections. ... But there is one big redeeming item on his record: He has appointed to the Supreme Court people who don't entirely share his taste for aggressive statism." (01/26/12)

http://reason.com/archives/2012/01/26/obamas-justices-vs-obama  

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SCOTUS won’t review Venezuela suit

January 26, 2012
posted by

El Paso Times    

"An Ohio investment group's lawsuit seeking to collect $100 million on three-decade-old Venezuelan promissory notes is headed back to a federal judge for further deliberations. The decision by the U.S. Supreme Court not to hear the case was a setback for Venezuela, which argued that federal law protects it from U.S. lawsuits because it is a foreign state." (01/26/12)

http://www.elpasotimes.com/nationworld/ci_19830443  

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How GPS tracking threatens privacy

January 25, 2012
posted by

Jacob Sullum Reason
by Jacob Sullum  

"There is a chicken-and-egg problem here that reflects the circularity of the Katz test: Privacy is expected when it's protected, and it's protected when it's expected. We need to expect more, or we will end up with less." (01/25/12)

http://bit.ly/yHMC7V  

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SCOTUS: Woman can’t sue over firing from church

January 11, 2012
posted by

Detroit Free Press    

"In a groundbreaking case, the Supreme Court today held for the first time that religious employees of a church cannot sue for employment discrimination. ... the federal Equal Employment Opportunity Commission sued the Hosanna-Tabor Evangelical Lutheran Church and School of Redford on behalf of employee Cheryl Perich, over her firing, which happened after she complained of discrimination under the Americans with Disabilities Act." (01/11/12)

http://on.freep.com/wVPwOF  

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SCOTUS: Lawyer makes startling argument in FCC case hearing

January 10, 2012
posted by

Christian Science Monitor    

"Not often can one watch a former solicitor general of the United States directing venerable Supreme Court justices to observe naked posteriors of the marble statues that stand sentinel at the highest court in the land. 'There’s a bare buttocks there,' Washington lawyer Seth Waxman advised the startled justices during his oral argument on Tuesday. 'And there’s a bare buttocks here,' he said, pivoting and pointing across the ornate courtroom. The black-robed justices obliged the lawyer by following his extended finger to a sculptor’s rendition of gluteus maximus." (01/10/12)

http://tinyurl.com/795xbpb  

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SCOTUS struggles with Texas election case

January 9, 2012
posted by

Raleigh News & Observer    

"The Supreme Court appeared to struggle Monday with what to do about holding elections in Texas for the state legislature and Congress in a case that could affect the federal Voting Rights Act and even the balance of power in the House. Texas'[s] primaries already have been pushed back once from March to early April amid a dispute between the GOP-dominated state government and minority groups." (01/09/12)

http://tinyurl.com/7u63f34  

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Fight against EPA orders heads to SCOTUS

January 8, 2012
posted by

Wall Street Journal    

"In a case watched closely by energy companies and manufacturers, the Supreme Court is set to consider Monday whether to blunt one of the government's chief tools for enforcing the Clean Water Act. Based on 'any information' -- even a newspaper article or an anonymous tip -- the Environmental Protection Agency can issue an administrative compliance order .... business groups contend that the EPA acts as a judge and jury, forcing property owners either to comply, often at great expense, or risk penalties of up to $37,500 a day if the agency later obtains a court ruling to enforce its directive." (01/08/12)

http://on.wsj.com/wyqTVf  

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SCOTUS to enter tangled Texas redistricting case

January 8, 2012
posted by

Christian Science Monitor    

"A bitter dispute over minority voting rights in Texas arrives at the US Supreme Court on Monday where the justices must decide which legislative districts will be used in upcoming elections. At issue is whether federal judges in San Antonio overstepped their authority when they took it upon themselves to redraw congressional and state house election districts without any prior judicial determination that maps drawn for that purpose by the Texas Legislature were illegal or unconstitutional." (01/08/12)

http://tinyurl.com/7u7h7gg  

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SCOTUS will look at Arizona Know-Nothing appeasement law

December 12, 2011
posted by

USA Today    

"The Supreme Court announced Monday that it will take up a dispute over an Arizona law that requires police to check the status of people stopped or arrested if officers suspect they are here illegally [sic]. ... At the core is the dispute is how far states can go to try to discourage people from illegally [sic] crossing the border without infringing on the [non-existent] immigration-related power of the federal government." (12/12/11)

http://usat.ly/rAouim  

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SCOTUS refuses to address child porn law

November 28, 2011
posted by

Christian Science Monitor    

"The US Supreme Court declined on Monday to hear an appeal examining whether an individual convicted of possessing child pornography can be forced to pay potentially millions of dollars in restitution to a child victim identified in the seized images, even when he or she had no contact with the child. The action leaves unresolved conflicting interpretations of a federal restitution statute." (11/28/11)

http://tinyurl.com/85tze33  

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Camera in courtroom for healthcare hearing?

November 16, 2011
posted by

Fox News    

"Republican Sen. Charles Grassley and House Democratic Leader Nancy Pelosi are joining C-SPAN's call to have cameras in the Supreme Court hearing room for the five-and-a-half hour arguments relating to the federal healthcare law. Grassley (R-IA) ... wrote to Chief Justice John Roberts on Tuesday requesting that audio and video coverage be allowed in the landmark case." (11/16/11)

http://tinyurl.com/76fbude  

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SCOTUS to take up ObamaCare challenge

November 14, 2011
posted by

Washington Post    

"The Supreme Court said Monday it will hear a challenge to the health-care overhaul act passed in 2010, with a decision on President Obama’s most controversial domestic achievement likely to come in the summer of his reelection campaign. ... The administration says it is confident the act will be upheld as a valid exercise of federal power, just as Social Security and the Civil Rights Act were found to be constitutional." (11/14/11)

http://wapo.st/voZDdw  

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Supreme Court should require warrants for GPS tracking

November 13, 2011
posted by

Cato Institute Cato Institute
by Jim Harper  

"As technology advances -- and law enforcement adapts these advancements to police work -- courts will be asked to apply the Fourth Amendment's protections against unreasonable searches and seizures in new and varied situations. The Supreme Court should ensure that courts maintain oversight of Information Age policing." (11/10/11)

http://www.cato.org/pub_display.php?pub_id=13840  

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SCOTUS case on GPS surveillance could break new ground

November 1, 2011
posted by

USA Today    

"In a potentially groundbreaking case on high-tech tracking by police, the Supreme Court will decide whether constant surveillance is such an intrusion on people's lives that police need a warrant before attaching a GPS device to a person's car. The case, to be heard Nov. 8, tests law enforcement's use of the latest technology to fight crime as it raises the specter of a 'Big Brother' government knowing one's every move." (11/01/11)

http://tinyurl.com/3uv8fsc  

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SCOTUS may consider ObamaCare case

October 27, 2011
posted by

The Raw Story    

"The US Supreme Court will decide on November 10 whether or not to take up the case of President Barack Obama’s historic health care law, court sources said Wednesday. The decision by the nine justices, to be made in closed session, could be made public that day or on the following Monday, November 14, the sources said. The top US court has received six requests to rule on the legislation passed in 2010, which was fiercely contested by Republicans. Five of those requests will be considered on November 10." (10/26/11)

http://tinyurl.com/3ftaweo  

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SCOTUS reviews strip searches for minor charges

October 12, 2011
posted by

Fox News    

"The Supreme Court is debating whether a man who was arrested on a warrant for an unpaid traffic ticket should be among prisoners strip-searched when taken into custody at the county jail. The warrant was the result of a computer error, and defendant Albert Florence had paperwork proving that he had paid his tickets and served probation for the pile-up of outstanding violations collected in his 20s. But, Florence said, he went from having a good day with his family to being horrified and humiliated and detained for days." [editor's note: That this could happen, for a non-violent, statutory offense (let alone that he HAD paid the parking tickets years ago!), is just ... preposterous! Let's keep a watch on this one - SAT&93; (10/12/11)

http://tinyurl.com/3zozayd  

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