Posts Tagged ‘ SCOTUS ’

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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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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