Posts Tagged ‘ SCOTUS ’

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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SCOTUS to hear Texas case on abortion clinic rules

November 15, 2015
posted by

CNN CNN    

"The Supreme Court announced Friday that it will hear a challenge to key parts of Texas'[s] 2013 abortion law that supporters of abortion rights say is one of the strictest in the nation. The court has not heard a major abortion case since 2007, and its decision will likely come down sometime next spring or early summer in the heat of the presidential campaign. ... While supporters of the law argue it's meant to protect women's health, opponents say it has nothing to do with health and safety, but instead is a disguised attempt to put an end to abortion. Other states have similar legislation percolating through the lower courts. One provision at issue requires that doctors who perform abortions have admitting privileges at a nearby hospital. The other mandates that clinics upgrade their facilities to hospital-like standards." (11/13/15)

http://www.cnn.com/2015/11/13/politics/supreme-court-to-hear-major-abortion-case/  

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SCOTUS appeal of immigration case comes mid-campaign

November 10, 2015
posted by

ABC News ABC News    

"The Obama administration said Tuesday it will ask the Supreme Court to save its plans to shield from deportation millions of immigrants living in the country illegally [sic]. The appeal advances a legal confrontation with 26 states during a presidential race already roiled by disputes over U.S. immigration policy. The 5th U.S. Circuit Court of Appeals late Monday effectively blocked President Barack Obama's plan to protect as many as 5 million immigrants, primarily the immigrant parents of U.S. citizens and legal permanent residents. It upheld a Texas-based federal judge's earlier injunction." (11/10/15)

http://abcnews.go.com/Politics/wireStory/high-court-appeal-immigration-case-mid-campaign-35102618  

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MO: SCOTUS halts planned killing of inmate by state employees

November 3, 2015
posted by

The Washington Post Washington Post    

"The Supreme Court on Tuesday night halted a scheduled execution in Missouri, saying that the lethal injection should be delayed until after a lower court rules. Ernest Lee Johnson was sentenced to death for killing three people with a claw hammer in 1994. His attorneys wrote in filings asking the Supreme Court to stay the execution that Johnson had brain surgery in 2008 to remove a tumor, but that part of the tumor could not be removed. Johnson is missing between 15 and 20 percent of his brain, the attorneys wrote. As a result, Johnson has brain damage and a doctor cited as a medical expert believes he could suffer seizures due to the lethal injection, his attorneys said." (11/03/15)

https://www.washingtonpost.com/news/post-nation/wp/2015/11/03/supreme-court-halts-missouri-execution/  

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SCOTUS to consider racial bias in selecting jurors

November 2, 2015
posted by

NBC News NBC News    

"Prosecutors used green highlighters to mark the names of black people on a list of potential jurors. Five black panelists qualified to serve were the first five on a government list of 'definite NO's.' And prospective black jurors were noted as 'B#1, B#2, and B#3.' On Monday, the U.S. Supreme Court will consider whether those are signs that Georgia prosecutors impermissibly based their jury selection choices on race, ending up with an all-white jury in the murder trial of a black man." (11/02/15)

http://www.nbcnews.com/news/us-news/u-s-supreme-court-consider-racial-bias-selecting-jurors-n455566  

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SCOTUS rejects appeal of California’s “top two” election-rigging scheme

October 14, 2015
posted by

Courthouse News Service    

"The U.S. Supreme Court on Tuesday refused to a hear the case of minor political parties in California who claim they're shut out of general elections because of the state's top-two primary system. In November 2011, the Green Party of Alameda County joined the state's Libertarian Party and Peace and Freedom Party in suing the California Secretary of State after voters passed a top-two system for electing statewide and legislative officeholders in 2010. Under the system, an open nonpartisan primary is followed by a general-election runoff between the primary's top two vote-getters. The minor parties complained the change kept them off the ballot because -- regardless of any support their candidates may have received in the primary -- they would never get enough votes to get into the top two and thus on to the general election ballot." [hat tip -- Ballot Access News] (10/13/15)

http://bit.ly/1k34yE7  

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The death penalty feud at the Supreme Court

October 14, 2015
posted by

The Atlantic The Atlantic
by Garrett Epps  

"Justice Stephen Breyer, in a separate opinion for himself and Justice Ruth Bader Ginsburg, announced in Glossip that, in his view, the death penalty could no longer be administered fairly, and thus was unconstitutional. That didn't sit well with Justice Antonin Scalia, who wrote in a separate opinion that Breyer's 'argument is full of internal contradictions and (it must be said) gobbledy-gook.'" (10/13/15)

http://theatln.tc/1VPXBHJ  

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The Supreme Court’s dreadful record on freedom

October 2, 2015
posted by

James Bovard Future of Freedom Foundation
by James Bovard  

"Supreme Court decisions on asset forfeiture have helped police confiscate cars, cash, and other property from scores of thousands of Americans without a criminal conviction. In 1996, the Supreme Court upheld the seizure of an automobile jointly owned by a husband and a wife after the husband was caught with a prostitute on the front seat. The Clinton administration brief to the Supreme Court blamed the wife for her husband's illicit use of the auto, claiming that she had not taken 'all reasonable steps to prevent illegal use of the car.' Chief Justice William Rehnquist based his pro-government decision heavily on an 1827 case involving the seizure of a Spanish pirate ship that had attacked U.S. ships. Rehnquist did not deign to explain the legal equivalence of piracy in the 1820s and prostitution in the 1990s." (10/01/15)

http://bit.ly/1OatRkk  

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Four justices who stood for justice

September 27, 2015
posted by

Lawrence W. Reed Foundation for Economic Education
by Lawrence W Reed  

"Four justices in particular drew FDR's wrath in the 1930s. They did the job they were sworn to do: uphold the Constitution as it was written against all attempts to subvert it or the liberties of the people it protected. They were respected legal scholars of the first order. Unlike Roosevelt, they didn't think it was their duty to torture the Constitution until it confessed to federal powers never dreamed of by those who designed it. Power and political expediency were not among their priorities. These four heroes were George Sutherland, Willis Van Devanter, James Clark McReynolds, and Pierce Butler. In few law schools today are these four defended as heroes." (09/25/15)

https://fee.org/freeman/four-justices-who-stood-for-justice/  

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Can the Supreme Court force Congress to own the war on ISIS?

August 25, 2015
posted by

The Atlantic The Atlantic
by Bruce Ackerman  

"The biggest casualty in the struggle against the Islamic State so far has been the American Constitution. One year into the battle, the president and Congress threaten to destroy all serious restraints against open-ended war-making by the commander-in-chief. President Obama waited for half a year before even submitting a draft resolution authorizing his initiative. But it is now obvious that the Republican-controlled Congress finds it politically convenient to stand on the sidelines and let Obama take the blame for the escalating instability. That leaves only the Supreme Court to halt this transformation of the president into a latter-day King George III."

http://tinyurl.com/po85k6p  

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Supreme Court: No more lifetime appointments

August 4, 2015
posted by

Doug Bandow Foundation for Economic Education
by Doug Bandow  

"Life tenure is enshrined in the Constitution and rooted in history. The justification for lifetime appointment is to insulate the courts from transient political pressures. Some such protection is necessary if judges are to feel free to make unpopular decisions upholding the nation’s fundamental law. Yet, judicial independence does not require lack of accountability." (08/03/15)

http://tinyurl.com/oqlg93u  

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Clarence Thomas’s unusual evolution

July 15, 2015
posted by

The Atlantic The Atlantic
by Garrett Epps  

"Thomas receives a lot of unmerited criticism. Critics disparage his intelligence; but read enough of his work and that illusion becomes unsupportable. He is not disengaged on the bench; indeed, he follows oral argument carefully, if silently. He is clearly on good terms with his colleagues, and is a beloved figure within the small world of Court personnel. He has, of course, scarcely bothered to conceal his bitterness at what happened in his confirmation hearings. Other giants of the bench, however, went through difficult confirmations and then, to use a phrase of Justice Scalia's, got over it." (07/14/15)

http://tinyurl.com/pyt5duq  

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Clarence Thomas’s confused notion of freedom

July 6, 2015
posted by

Sheldon Richman Free Association
by Sheldon Richman  

"Compared to Supreme Court Justice Antonin Scalia, his colleague Clarence Thomas is well regarded by at least some devotees of liberty. This is not totally unjustified. Thomas has demonstrated a familiarity with the philosophy and history of natural law and natural rights, which he (at times) sees rooted in individual persons. For this reason, in some areas he has opposed expansion of government power; for example in U.S. v. Lopez, he broke long precedent and held that the commerce clause of the Constitution is not a blank check to the government. However, this background knowledge has not kept him from taking positions abhorrent by libertarian standards." (07/03/15)

http://tinyurl.com/o5eu22k  

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The lasting legacy of Antonin Scalia?

July 5, 2015
posted by

The Atlantic The Atlantic
by Emma Green  

"In the latest round of U.S. Supreme Court decisions, the country got a doozy's worth of linguistic throwdowns from Antonin Scalia, the Court's longest-serving and possibly most-crotchety justice. His dissenting opinion in King v. Burwell, a ruling on a clause in the Affordable Care Act, referred to the majority's reasoning as both 'jiggery-pokery' and 'pure applesauce.' His objection, he wrote, was that the majority relied on an interpretation of the legislative intent behind the law, instead of relying on the text of the law itself. As Chief Justice John Roberts wrote in the Court's opinion, 'It is implausible that Congress meant the Act to operate in this manner,' to which Scalia replied, in brief, 'Words no longer have meaning.'" (07/04/15)

http://tinyurl.com/ozxe8t4  

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Deferring to Congress, Roberts takes over its job

July 2, 2015
posted by

Jacob Sullum Reason
by Jacob Sullum  

"Three years ago, Chief Justice John Roberts rewrote the Patient Protection and Affordable Care Act, a.k.a. Obamacare, to save a key provision that he believed would otherwise be unconstitutional. Last week he did it again, this time to make the law work better. In both cases, Roberts claimed he was deferring to the legislature when he was doing just the opposite: applying the law he thought Congress should have enacted instead of the one it actually passed. Such arrogance disguised as modesty undermines the rule of law while encouraging legislative laziness." (07/01/15)

http://tinyurl.com/ozr9nsw  

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What Justice Breyer’s dissent on lethal injection showed about the death penalty’s defenders

July 1, 2015
posted by

The Intercept The Intercept
by Liliana Segura  

"That the United States sends innocent people to die was only one part of Breyer's wide-ranging dissent. Forty pages long and rife with data and documentation, it strayed from the constitutional question of lethal injection to attack the death penalty from every angle -- from the 'dehumanizing effect of solitary confinement' (one thing that makes it cruel), to the ever-dwindling number of jurisdictions that continue to apply it (which makes it unusual). The conclusion was inescapable. More than 20 years after Justice Harry Blackmun ended his Supreme Court tenure with his famed declaration that 'I no longer shall tinker with the machinery of death,' Justice Breyer struck a similar, if less eloquent chord." (06/30/15)

http://tinyurl.com/q7ctbwc  

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SCOTUS to take up forced dues for non-members of government unions

June 30, 2015
posted by

New York Daily News    

"The U.S. Supreme Court has decided to take on a case that could deal a heavy blow to public sector unions. The court announced Tuesday that it will hear a challenge to whether government employee unions can require everyone in an industry to pay union dues. The appeal has been filed by some teachers in California who've refused to join the union and are saying it's a violation of their First Amendment rights to still have to pay dues." (06/30/15)

http://tinyurl.com/pf8f9sq  

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SCOTUS is a political branch, not a legal one

June 30, 2015
posted by

Bruce McQuain QandO
by Bruce McQuain  

"Elizabeth Price Foley wants to lay it off on liberals: 'Leftists believe that 'law is politics,' so they're not particularly interested in how they get there: What matters, to the political left, is simply getting there. The ends justify the means.' But we all know why Thomas, Scalia, Alito and, oh yeah, Roberts, ended up on the Supreme Court. The conservatives believe 'law is politics' just as much as the left -- they just haven't been as successful at it recently." (06/29/15)

http://tinyurl.com/pzxoh37  

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Justice John Roberts’s ObamaCare decision is an Orwellian mess

June 30, 2015
posted by

Ilya Shapiro Cato Institute
by Ilya Shapiro  

"For the second time in three years, Chief Justice John Roberts has saved President Barack Obama's signature legislation, his eponymous healthcare law that seems to enjoy more legitimacy at the Supreme Court than among the American people. What is going on here? Is the George W. Bush appointee a secret liberal, or at least a jurist who 'grew in office' like so many before him? Actually no, quite the opposite. He's the epitome of a small-c conservative, meaning that temperamentally and philosophically he works to preserve the status quo and not rock the boat. " (06/26/15)

http://tinyurl.com/oqde6gr  

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SCOTUS ruling on marriage equality raises new question

June 30, 2015
posted by

Darryl W Perry Free Press Publications
by Darryl W Perry  

"Fundamental rights are not something that should be regulated or licensed. But what exactly are fundamental rights? It could be argued that the right to life, liberty and pursuit of happiness are the fundamental rights, and they are the ones specified in the Declaration of Independence. I would expound to say that anything that is does not cause a real victim is a fundamental right." [text, Flash audio or MP3] (06/28/15)

http://fpp.cc/scotus-ruling-on-marriage-equality-raises-new-question/  

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SCOTUS rules against EPA on power plant regs

June 29, 2015
posted by

Fox News    

"In a major win for the energy industry, the Supreme Court ruled Monday against the Environmental Protection Agency's effort to limit certain power plant emissions -- saying the agency 'unreasonably' failed to consider the cost of the regulations. The rules curbing emissions of mercury and other hazardous air pollutants began to take effect in April. But the court said by a 5-4 vote Monday that the EPA failed to take their cost into account when the agency first decided to regulate the toxic emissions from coal- and oil-fired plants. The challenge was brought by industry groups and 21 Republican-led states." (06/29/15)

http://tinyurl.com/o4ujldf  

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SCOTUS: Oklahoma’s drug of choice for killing prisoners doesn’t violate Constitution

June 29, 2015
posted by

Sydney Morning Herald [Australia]    

"The Supreme Court has ruled that a drug used by Oklahoma as part of its lethal injection procedure does not violate the US Constitution's ban on cruel and unusual punishment, dealing a setback to opponents of the death penalty. The court, in a 5-4 decision with its conservative justices in the majority, handed a loss to three inmates who objected to the use of a sedative called midazolam, saying it cannot achieve the level of unconsciousness required for surgery, making it unsuitable for [pre-meditated state killings of prisoners by state employees]." (06/29/15)

http://tinyurl.com/nep9s5m  

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SCOTUS ends marriage apartheid in US

June 29, 2015
posted by

New York Times    

"In a long-sought victory for the gay rights movement, the Supreme Court ruled on Friday that the Constitution guarantees a nationwide right to same-sex marriage. Justice Anthony M. Kennedy wrote the majority opinion in the 5 to 4 decision. He was joined by the court's four more liberal justices." (06/26/15)

http://www.nytimes.com/2015/06/27/us/supreme-court-same-sex-marriage.html  

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Free and equal

June 29, 2015
posted by

Bleeding Heart Libertarians Bleeding Heart Libertarians
by Jacob T Levy  

"This week we've had evidence of two astonishingly rapid tipping points in American public norms, both toward greater equality. In less than twenty years, the United States has moved from the spiteful and misnamed federal Defense of Marriage of Act and a plague of state-level DOMAS that were often worse to a ruling by the Supreme Court that the Fourteenth Amendment guarantees a right to state-sanctioned same-sex marriage. In the week since the terrorist attack in Charleston, the longstanding norm tolerating official use of the Confederate battle flag, a flag that has always celebrated white supremacy and racial hierarchy, seems to have crumbled. Moreover, these are both shifts in favor of equal freedom." (06/26/15)

http://bleedingheartlibertarians.com/2015/06/free-and-equal/  

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The law is not what it says (again!)

June 29, 2015
posted by

Timothy J. Taylor Authority!
by Timothy J Taylor  

"SCOTUS Chief Justice, John Roberts, did it again this week. He proved my point (again) when I posted here last April the fact that The Law is Not What it Says. That's right. He just wrote the 6-3 majority opinion in King v. Burwell, (the ObamaCare case) confirming that the law is not what it says -- it's what he says." (06/27/15)

http://tinyurl.com/o7652nr  

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