Posts Tagged ‘ SCOTUS ’

ObamaCare again?

March 28, 2016
posted by

Cato Institute Cato Institute
by Ilya Shapiro and Josh Blackman  

"In what has become a spring tradition, Obamacare returns to the Supreme Court this month, the fourth time in five years. Fortunately for the religious nonprofits challenging the law's contraceptive mandate -- including the Little Sisters of the Poor, a monastic order that cares for impoverished elderly -- the results of the Court's second and third encounters with the act can together answer their prayer for relief." (03/28/16)

http://www.cato.org/publications/commentary/obamacare-again  

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The perils of Merrick Garland’s moderation

March 23, 2016
posted by

Jacob Sullum Reason
by Jacob Sullum  

"The most worrisome thing about Merrick Garland, President Obama's choice to replace the late Antonin Scalia on the Supreme Court, is that reporters routinely describe him as 'moderate.' Although that label is supposed to be reassuring, in politics it usually refers to people who combine the worst aspects of the left and right, united by an expansive view of government authority and a narrow view of individual rights. Garland, a Clinton appointee who has served on the U.S. Court of Appeals for the D.C. Circuit since 1997, illustrates that tendency. He is more inclined to side with the government than either conservatives or progressives would like." (03/23/16)

http://reason.com/archives/2016/03/23/the-perils-of-merrick-garlands-moderatio  

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SCOTUS deals blow to corporate push against class-action suits

March 23, 2016
posted by

The Washington Post Washington Post    

"The Supreme Court on Tuesday continued to disappoint big business's efforts to curb class-action lawsuits and upheld a nearly $6 million award to workers at a Tyson Foods pork-processing plant in Iowa. In a 6-to-2 ruling, the court rejected Tyson's contention that the more than 3,300 workers at the plant should not have been able to use statistical averages to prove that they were not paid what they were due. ... Writing for the majority, Justice Anthony M. Kennedy rejected industry's call for what he said would be a broad rule banning what is called 'representational evidence' in class-action suits." (03/22/16)

https://www.washingtonpost.com/politics/courts_law/supreme-court-deals-blow-to-corporate-push-against-class-action-suits/2016/03/22/9f59a4aa-f058-11e5-85a6-2132cf446d0a_story.html  

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SCOTUS denies Oklahoma and Nebraska regimes’ frivolous suit vs. Colorado cannabis

March 22, 2016
posted by

Denver Post    

"The U.S. Supreme Court on Monday denied Nebraska and Oklahoma's proposed lawsuit against Colorado's legal marijuana laws. The decision means the nation's highest court will not rule on the interstate dispute, and Colorado's legal cannabis market is safe -- for now. Because the Supreme Court has passed on the case, Nebraska and Oklahoma could now take it to a federal district court if they choose to, law experts say." (03/21/16)

http://www.denverpost.com/news/ci_29665899/scotus-denies-oklahoma-and-nebraskas-proposed-lawsuit-against  

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SCOTUS refuses to hear challenge to Alabama’s rules for having state employees kill prisoners

March 21, 2016
posted by

ABC 33/40    

"Today the U.S. Supreme Court denied a petition for certiorari in Clayton Shanklin v. Alabama, in which a convicted murderer argued that Alabama's capital sentencing scheme was unconstitutional under the Court's recent decision in Hurst v. Florida. This was the first Alabama death penalty appeal to reach the Supreme Court on this issue since Hurst was decided on January 12, 2016. ... Shanklin was convicted of capital murder and attempted murder, which he committed during a home-invasion robbery in 2009 in Cordova. A jury in Walker County Circuit Court recommended that Shanklin be sentenced to life-without-parole. But, under Alabama law, the judge sentenced Shanklin to death because of his long criminal history and the nature and circumstances of his crime." (03/21/16)

http://abc3340.com/news/local/us-supreme-court-refuses-to-hear-sentencing-challenge  

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Democrats plan push to force hearings on Supreme Court nomination

March 17, 2016
posted by

The Washington Post Washington Post    

"Democrats began laying out an aggressive strategy Thursday to get Judge Merrick Garland confirmed by the Senate and seated on the Supreme Court, over what appears to be implacable Republican opposition. The approach, which is being implemented in part by a well-financed group led by former aides to President Obama, involves targeting vulnerable GOP Senate incumbents for defeat by portraying them as unwilling to fulfill the basic duties of their office. The idea is to so threaten the Republicans’ Senate majority that party leaders will reconsider blocking hearings on Garland’s nomination." (03/17/16)

https://www.washingtonpost.com/politics/democrats-plan-push-to-force-hearings-on-supreme-court-nomination/2016/03/17/97983d40-ec5b-11e5-a6f3-21ccdbc5f74e_story.html  

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Merrick Garland, what’s the point?

March 17, 2016
posted by

OpEdNews
by Marc Ash  

"Battle? Ideological confrontation? Reshaping of the Court? Forget it -- Garland is a safe pick for America's ruling class. Obama punted. Hatch defeated him without a fight. Better than Scalia. Sure, but that really doesn't say much. Scalia was arguably the most purely politically-motivated Supreme Court justice in American history. A ham-fisted, ideologically driven, right-wing operative who came to the court every day with a clearly defined agenda. Will Garland be better? Yes. Will Garland show any courage in moving the country forward? Not likely. Why would anyone who understands the scope of the problems facing the country today fight for this Hatch-Obama offering? They should not." (03/17/16)

http://www.opednews.com/articles/Merrick-Garland-What-s-th-by-Marc-Ash-Judge-Merrick-Garland_Senator-Orin-Hatch_Supreme-Court_Supreme-Court-Nominee-160316-248.html  

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Obama SCOTUS pick’s health care case history

March 16, 2016
posted by

Heartland Institute Independent Institute
by Michael Hamilton  

"President Barack Obama’s nominee for the United States Supreme Court has a history in health care-related cases, Modern Healthcare reports. Obama nominated Merrick Garland, chief justice of the U.S. Court of Appeals for the District of Columbia, on Wednesday, March 16. A number of cases currently or recently before the Supreme Court have passed through Garland’s court in one form or another. Among them is Zubik v. Burwell, more commonly known as the 'Little Sisters' case ..." (03/16/16)

http://blog.heartland.org/2016/03/obama-scotus-picks-health-care-case-history/  

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RNC launches campaign to oppose Obama’s SCOTUS pick

March 14, 2016
posted by

The Washington Post Washington Post    

"The Republican Party is launching a campaign to try to derail President Barack Obama's nominee to the Supreme Court, teaming up with a conservative opposition research group to target vulnerable Democrats and impugn whomever Obama picks. ... The RNC will contract with America Rising Squared, an outside group targeting Democrats that's run by a longtime aide to GOP Sen. John McCain. GOP chairman Reince Priebus said it would be the most comprehensive judicial response effort in the party's history." (03/14/16)

https://www.washingtonpost.com/politics/whitehouse/rnc-launches-campaign-to-oppose-obamas-supreme-court-pick/2016/03/14/093a4a36-e9cf-11e5-a9ce-681055c7a05f_story.html  

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SCOTUS upholds gay adoptions across state lines

March 8, 2016
posted by

Los Angeles Times Los Angeles Times    

"The Supreme Court in a victory for gay rights has upheld the principle that people who adopt a child in one state have a right to have the adoption honored in another state. The justices in an unanimous opinion rebuked the Alabama Supreme Court for refusing to honor a lesbian's adoption of three children in Georgia once her partner moved with them to Alabama. Citing the Constitution's Full Faith and Credit clause, the high court said states have a duty to honor legal agreements made in other states, and there is no exception for gay adoptions." (03/07/16)

http://www.latimes.com/nation/la-na-court-gay-adoptions-20160307-story.html  

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SCOTUS denies Apple appeal in e-books price fixing case

March 7, 2016
posted by

Computer World    

"Apple will pay $450 million as a settlement for e-book price fixing after the U.S. Supreme Court declined to hear the company's appeal of a lower court's antitrust ruling. The Supreme Court's decision Monday ends Apple's appeal of the antitrust case against the company and five book publishers and upholds a June 2015 antitrust ruling at the U.S. Court of Appeals for the Second Circuit." (03/07/16)

http://www.computerworld.com/article/3041150/computer-hardware/supreme-court-denies-apple-appeal-in-e-books-price-fixing-case.html  

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Scalia and disciplinary originalism

March 7, 2016
posted by

The American Conservative The American Conservative
by Alan Jacobs  

"There are two very different ways to think of Antonin Scalia's preferred method of interpreting the Constitution, often called originalism -- and by the way, that Wikipedia page is unusually accurate and useful, though perhaps skewed a bit towards critics of originalism. One might think of originalism as a method, or one might think of it as a discipline. If you conceive of it in the former way, you will run into some serious problems; if you conceive of it in the latter way, it is profoundly salutary." (03/07/16)

http://www.theamericanconservative.com/jacobs/scalia-and-disciplinary-originalism/  

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SCOTUS hears challenge to Texas abortion law

March 2, 2016
posted by

Houston Chronicle Houston Chronicle    

"Nearly three years after Texas lawmakers approved a far-reaching set of abortion restrictions, the U.S. Supreme Court was set to examine the controversial law Wednesday in a hearing that could affect women's health across the country for years to come. ... The law's contested regulations require abortion doctors to obtain admitting privileges at nearby hospitals and abortion facilities to comply with the expensive standards of hospital-style surgical centers.
The case is seen as the most significant abortion-related dispute to come before the Supreme Court since the justices ruled in 1992 that governments could not place an 'undue burden' on women seeking the procedure." (03/02/16)

http://www.chron.com/news/houston-texas/houston/article/Supreme-Court-hears-challenge-to-Texas-abortion-6865252.php  

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CA: SCOTUS pass gives affordable housing advocates a win

March 1, 2016
posted by

San Francisco Chronicle San Francisco Chronicle    

"Advocates of low-cost housing scored a legal victory Monday when the U.S. Supreme Court left intact a ruling by California’s highest court allowing cities and counties to require builders to include a percentage of affordable units in each new development. The building industry had argued that those requirements amount to a government confiscation of property and should be allowed only if a particular development would cause a shortage of affordable housing. The state Supreme Court rejected those arguments unanimously in June, and the nation’s high court denied review Monday. The case involved a San Jose ordinance, passed in 2010 but not yet in effect, that requires developers of 20 or more units to make at least 15 percent of those units affordable to low- or moderate-income buyers and renters." [editor's note: So the first "non-Scalia" case slides by; will reality (and markets) rule in the end, with the outcome being a reduction in new housing complexes? - SAT] (03/01/16)

http://www.sfgate.com/bayarea/article/A-Supreme-Court-pass-gives-affordable-housing-6861578.php  

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SCOTUS: Thomas breaks ten-year streak, asks question in court

March 1, 2016
posted by

CNN CNN    

"For the first time in a decade, Supreme Court Justice Clarence Thomas spoke during oral arguments. Just last week, CNN wrote about the ten-years since Thomas's last question at oral arguments. That anniversary, February 22, came on the same day the Supreme Court first heard oral arguments after the death of Justice Antonin Scalia, who was Thomas's ideological soul mate and who had defended his lack of questions over the years. ... The comments from Thomas were directed at a government attorney, Ilana H. Eisenstein in a case called Voisine v. United States. The case concerns whether a prior domestic assault conviction based on reckless conduct qualifies as a misdemeanor crime of domestic violence that would block the plaintiffs from possessing a firearm." (02/29/16)

http://www.cnn.com/2016/02/29/politics/supreme-court-clarence-thomas-10-year-streak-question/  

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Why partisan fights over Supreme Court nominees are a good thing

February 24, 2016
posted by

Cato Institute Cato Institute
by Trevor Burrus  

"With Justice Antonin Scalia's untimely death, we are preparing for a new fight over the meaning of the Senate giving 'advice and consent' on the president's nominees. It's time that we look at that those words in context of what we will be fighting over -- that is, an appointment to the body that increasingly plays a central role in our citizens' lives but over which they have no direct democratic control. In other words, it's time to generally endorse, for both parties, long, bitter, and nakedly partisan fights over Supreme Court nominees." (02/23/16)

http://www.cato.org/publications/commentary/why-partisan-fights-over-supreme-court-nominees-are-good-thing  

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Justice Scalia like the Court. He loved the Constitution.

February 18, 2016
posted by

Andrew P. Napolitano Reason
by Andrew P Napolitano  

Justice Scalia was the most aggressive and consistent defender on the Supreme Court of the primacy of the text of the Constitution in the post-World War II era. He was the modern-day progenitor of the idea -- and eventually the jurisprudence -- of interpreting the Constitution faithful to the plain meaning of its words. He was utterly and unambiguously faithful to this concept." [editor's note: Well, except when he found its plain meaning inconvenient, as in e.g. Raich v. Gonzalez. In cases like that, it suddenly meant whatever he wanted it to mean - TLK] (02/18/16)

http://reason.com/archives/2016/02/18/scalia-and-constitutional-fidelity  

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The Republicans’ Scalia hysteria

February 18, 2016
posted by

The Atlantic The Atlantic
by Garrett Epps  

"At the Court's marble palace, death's anteroom is crowded. Justice Ruth Bader Ginsburg will be 83 in a few weeks. Justice Anthony Kennedy will be 80 this summer. By the beginning of the next term, Justice Stephen Breyer, the young scamp of the senior crowd, will be 78. I admire all three of these justices, in different ways, and as the Italians do, I wish them each 100 years. But the actuarial tables offer a somber prospect over the next four years. Scalia's departure is the opening act, not the conclusion, of a historic generational shift." (02/18/16)

http://www.theatlantic.com/politics/archive/2016/02/the-republicans-scalia-hysteria/463299/  

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The people vs. the police state: The struggle for justice in the Supreme Court

February 17, 2016
posted by

John W. Whitehead OpEdNews
by John W Whitehead  

"The untimely death of Supreme Court Justice Antonin Scalia has predictably created a political firestorm over who gets to appoint the next U.S. Supreme Court justice, when, how, and where any judicial nominee will stand on the hot-button political issues of our day (same-sex marriage, Obamacare, immigration, the environment, and abortion). This is yet another spectacle, not unlike the carnival-like antics of the presidential candidates, to create division, dissension and discord and distract the populace from the nation's steady march towards totalitarianism. The powers-that-be have already rigged the system." (02/17/16)

http://www.opednews.com/articles/The-People-vs-the-Police-by-John-Whitehead-Police-State_Supreme-Court_Supreme-Court-Justice-Antonin-Scalia_Supreme-Court-Justices-160217-569.html  

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Will Scalia’s death mean life for death row inmates?

February 17, 2016
posted by

Cato Institute Cato Institute
by Nat Hentoff and Nick Hentoff  

"In September and October, Justice Antonin Scalia told audiences at two different law schools that it would not surprise him if the death penalty were ruled unconstitutional while he was still on the court. Scalia noted Justice Stephen Breyer's recent dissent in Glossip v. Gross, a case in which Breyer said the court should consider the issue of whether the Eighth Amendment requires an end to capital punishment in America. Scalia had previously identified himself as the fifth vote on a court divided four to four on the issue. He could not have known that his sudden death a few months later might be the vehicle for that very eventuality." (02/17/16)

http://www.cato.org/publications/commentary/will-scalias-death-mean-life-death-row-inmates  

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The Supreme Court has been part of the problem for a long time

February 17, 2016
posted by

Dave Benner Tenth Amendment Center
by Dave Benner  

"I know all the partisan pundits that canvas the mainstream news outlets will disagree, but I do not believe Scalia's death will change much. The courts have been part of the problem we face for a long time. The federal courts have already been complicit in the radical expansion of judicial power far beyond the dreams of those who ratified the Constitution. Especially since 1937, the advance of legislative and executive authority has almost always been rubber-stamped by the federal judiciary, including this Supreme Court. What is else is left for the federal courts to sanction and rubber stamp?" (02/16/16)

http://tenthamendmentcenter.com/2016/02/16/the-supreme-court-has-been-part-of-the-problem-for-a-long-time/  

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The Tom Woods Show, episode 595: The constitutional thought of Justice Antonin Scalia

February 17, 2016
posted by

The Tom Woods Show The Tom Woods Show
by  

"The late Justice Antonin Scalia played a profoundly significant role in elevating 'original understanding' jurisprudence into a position that even its opponents had to reckon with. Kevin Gutzman joins me to discuss some of Scalia’s most important work." [various formats] (02/17/16)

http://tomwoods.com/podcast/ep-595-the-constitutional-thought-of-justice-antonin-scalia/  

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Obama’s Supreme Court appointment

February 17, 2016
posted by

Randall Holcombe Independent Institute
by Randall Holcombe  

"Republicans have already said they will try to block any attempt by President Obama to have his nominee replace Antonin Scalia on the Supreme Court. The president has less than a year left in office, so blocking his nominee may be easy. But the Republicans may be playing right into the president's hands. Who would Obama most like to see take that Supreme Court seat? He'd like to occupy that seat himself." [editor's note: I consider it highly unlikely that he's at all interested in being on the Supreme Court himself - TLK] (02/17/16)

http://blog.independent.org/2016/02/17/obamas-supreme-court-appointment/  

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The Courtpocalypse and how to delay it

February 17, 2016
posted by

Thomas L. Knapp William Lloyd Garrison Center for Libertarian Advocacy Journalism
by Thomas L Knapp  

"At least three more SCOTUS justices -- Ruth Bader Ginsburg, Anthony Kennedy and Stephen Breyer -- are, as was Scalia, in their late 70s or early 80s. Along with Scalia, they cover the whole range from 'liberal' to 'conservative.' And like Scalia, there's every reason to believe that they will each retire or die during the next presidential term. The Supreme Court is soon to be re-made in a big way, almost certainly altering the 'liberal/conservative' balance. Scalia's death puts that re-making front and center in the presidential race." (02/16/16)

http://thegarrisoncenter.org/archives/4736  

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Remembering scary Scalia

February 17, 2016
posted by

Timothy J. Taylor Authority!
by Timothy J Taylor  

"I was unexpectedly saddened by the sudden passing of SCOTUS Justice Antonin Scalia this past weekend. As much as I viscerally disagreed with him over his opinions on a whole host of legal and constitutional issues, I still recognized that he was a brilliant jurist, an excellent writer, a man of integrity and a fine gentleman all around. I'm going to miss Nino Scalia -- even though he was scary. Today I'm remembering why." (02/16/16)

http://authoritycon.blogspot.com/2016/02/remembering-scary-scalia.html  

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