Posts Tagged ‘ SCOTUS ’

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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Antonin Scalia, RIP

February 17, 2016
posted by

Liberty Unbound Liberty Unbound
by Andrew Ferguson  

"It is, in one sense, ironic that the first response of Republican legislators in response to the death of their originalist hero was to defy constitutional statements clearly allowing the sitting president, no matter how lame a duck he might be, to suggest a replacement for the fallen justice. But it’s certainly not surprising: in this, the GOP is simply following Scalia’s own example (as well as that of basically every other politician), honoring and vociferously upholding the Constitution when it supports their own tribal position, and ignoring it as soon as it suits them to do so." (02/15/16)

http://libertyunbound.com/node/1519  

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Scalia will be impossible to replace

February 16, 2016
posted by

Ilya Shapiro Cato Institute
by Ilya Shapiro  

"While Scalia wasn't wholly responsible for the advent of originalism -- that a constitutional provision means what it meant when it was ratified -- and revival of textualism, he was their highest-profile and most powerful expositor. We may still disagree about the meaning of the Constitution, often vehemently. But we're all originalists now, playing on Scalia's field (or at least paying lip service to it, as Sonia Sotomayor did at her confirmation hearings). Look no further than the competing opinions in District of Columbia v. Heller, the 2008 case that confirmed the individual right to keep and bear arms." (02/15/16)

http://www.cato.org/publications/commentary/scalia-will-be-impossible-replace  

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Life after Scalia

February 15, 2016
posted by

Paul Jacob Common Sense
by Paul Jacob  

"President Reagan appointed Supreme Court Justice Antonin Scalia to the nation’s highest court in 1986. Scalia served for 29 years before passing away over the weekend at age 79. May he rest in peace. None of the rest of us will get any." (02/15/16)

http://thisiscommonsense.com/2016/02/15/life-after-scalia/  

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Supreme Court vacancy upends presidential race

February 15, 2016
posted by

Reuters Reuters    

"The sudden and shocking death of Supreme Court Justice Antonin Scalia opened a new and incendiary front in the already red-hot 2016 presidential race, one that promises to divide Democrats and Republicans and, perhaps, Republicans from themselves. The vacancy on the court, which is now evenly split 4-4 between its conservative and liberal wings, had Republicans calling on President Barack Obama to refrain from choosing a successor to the right-leaning Scalia while Democrats urged Obama to do as the U.S. Constitution requires and put forward a candidate to face confirmation in an albeit hostile Senate. The prospect of such a battle drew swift and furious comment from candidates vying to be elected president in November." (02/14/16)

http://www.reuters.com/article/us-usa-scalia-election-idUSMTZSAPEC2EIISZVC  

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How Antonin Scalia shaped — and misshaped — American law

February 14, 2016
posted by

Damon Root Reason
by Damon Root  

"For many Americans, Scalia will be perhaps best remembered for his caustic dissents in cases dealing with issues such as abortion rights, gay rights, and gay marriage. When the Supreme Court struck down Texas'[s] controversial ban on 'homosexual conduct' in 2003, for instance, Scalia made headlines with his statement that the Court's decision in Lawrence v. Texas was 'the product of a Court that has largely signed on to the so-called homosexual agenda.' Scalia did not mean that as a compliment. Yet despite his reputation as a right-wing culture warrior, Scalia was equally outspoken in other areas of the law that are commonly (if erroneously) associated with the legal left." (02/14/16)

http://reason.com/archives/2016/02/14/how-antonin-scalia-shapedmdashand-missha  

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The end of the Scalia era

February 14, 2016
posted by

Daniel McCarthy The American Conservative
by Daniel McCarthy  

"I met Justice Scalia only once. He spoke at Washington University in St. Louis while I was president of the College Republicans there, and I attend a lunch with him and a half-dozen faculty and other students. What stands out in my memory is Scalia's answer to a professor who asked whether he objected to demographic quotas on the Supreme Court -- that is, whether the idea that there now had to be at least one black justice, at least one female justice, etc., was a problem. Scalia cheerfully said it was not, as long as those who filled the quotas were qualified. After all, there had been quotas of other kinds in the past, he noted, such as a requirement that the court should have a distinct Southern representation. Scalia's death throws into question another, more important balance on the court, the ideological one." (02/14/16)

http://www.theamericanconservative.com/mccarthy/the-end-of-the-scalia-era/  

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SCOTUS smackdown of the Obama Clean Power Plan: Top three takeaways

February 11, 2016
posted by

Jim Lakely Heartland Institute
by Jim Lakely  

"The U.S. Supreme Court (SCOTUS) did something remarkable on Tuesday: It momentarily respected the separation of powers and finally shouted 'ENOUGH!' to the lawless rule of the Environmental Protection Agency. SCOTUS issued a stay on Obama's 'Clean Power Plan,' which is a radical law-by-decree scheme to do nothing less than put this nation's enormously complex energy-delivery system into the hands of central planners in Washington. It was Clinton advisor Paul Begala who once said: 'Stroke of the pen. Law of the land. Kinda cool.' Not any more ... at least for now in this case." (02/10/16)

http://blog.heartland.org/2016/02/scotus-smackdown-of-the-obama-clean-power-plan-top-3-takeaways/  

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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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