In less than an hour, the Supreme Court will hand down its final judgment in what has become one of the most crucial legal battles of our time: the constitutionality of President Obama's landmark health care reform law.
The product of a strict party line vote following a
of debate, disinformation
, and tense legislative wrangling, the Affordable Care Act
would (among other popular reforms
) require all Americans to buy insurance coverage by 2014, broadening the risk pool
for the benefit of those with pre-existing conditions.
The fate of this "individual mandate," bitterly opposed by Republicans despite its similarity to past plans touted by conservatives
(including presidential contender Mitt Romney
) is the central question facing the justices today
. If the conservative majority takes the dramatic step
of striking down the mandate, the law will be toothless, and in danger of wholesale reversal, rendering millions uninsured
, dealing a crippling blow to the president's re-election hopes, and possibly endangering the federal regulatory state
But despite the pessimism of bettors
, some believe
the Court will demur, wary of damaging
its already-fragile reputation
with another partisan 5-4 decision
. But those who know don't talk, and those who talk don't know
. Watch the SCOTUSblog liveblog
for updates, Q&A, and analysis as the truth finally comes out shortly after 10 a.m. EST.
posted by Rhaomi
on Jun 28, 2012 -
Lawrence Lessig, erstwhile Free Culture advocate now given to fighting corruption on a larger scale, delivers a commencement address
. "There is no one in the criminal justice system who believes that system works well. There is no one in housing law who believes this is what law was meant to be. In contracts, you read about disputes involving tens, maybe a hundred dollars. The disputes of ordinary people. These disputes are not for the courts any more. Or if they are, they are for courts that are an embarrassment to the ideals of justice from our tradition. The law of real people doesn’t work, even if the law of corporations does."
posted by the mad poster!
on May 30, 2012 -
In 2002, Brian Banks
was a sought-after high school football phenom
until he was accused of kidnapping and raping a female student. On the advice of his lawyers, he pleaded no contest and served 6 years in prison. Then his accuser recanted
. That's when the Innocence Project stepped in
to help exonerate
Brian Banks. CA Innocence Project filing here; informative if you skip right to the "Statement of Facts" part.
posted by lalex
on May 25, 2012 -
George Wright, America's most elusive fugitive, ran for forty years. He ran from the cops after escaping from prison. He ran from the feds after the most brazen hijacking in history. He ran from the authorities on three continents, hiding out and blending in wherever he went. It was a historic run—and now that it's over, he might just pull off the greatest escape of all
posted by vidur
on May 3, 2012 -
In a new working paper provocatively entitled Law Deans in Jail
, Emory law professors Morgan Cloud
and George Shepherd
examine the widespread reports of lying by law schools and their administrators, and the publication of these fabrications by U.S. News, and explain how the reported conduct could constitute federal crimes, [specifically] mail and wire fraud, conspiracy, and racketeering.
Advisory: 77-page PDF; click on the link on the top-left to download the full paper. [Abstract
. [Via the always trenchant Margaret Soltan]
posted by Sonny Jim
on Mar 13, 2012 -
The United States Court of Appeals for the Eleventh Circuit ruled yesterday
[.pdf] that a citizen's refusal to decrypt encrypted drives is protected by the Fifth Amendment, at least under some circumstances. In doing so it reversed the district court's contempt order entered against a John Doe defendant after he refused to decrypt his laptop hard drive and five external hard drives in response to a subpoena. This decision arguably conflicts with an earlier decision
in which a district court in Vermont required a defendant to provide the password to his encrypted drives. The Eleventh Circuit distinguishes the earlier case on the basis that the government in that case knew of the existence of the files and simply couldn't access them, while in the recent case the government did not know the names of files or even whether or not files actually existed on the encrypted drives.
posted by monju_bosatsu
on Feb 24, 2012 -
Are the X-Men Human?
The US government says yes, these people are no different from you or I, but Marvel claims their strange mutations and powerful augmentations move them beyond humanity into the realm of monsters, angels and devils. This Radiolab short explains why Marvel Toys argued in the US Court of International Trade that Wolverine, Professor X and Storm are inhuman. [more inside]
posted by justkevin
on Feb 20, 2012 -
Kirby Ferguson's fourth and final installment of Everything is a Remix
: System Failure
has been released. (Also on YouTube.)
It covers intellectual property rights, the derivative nature of creativity, patents and copyright. Transcript
. [more inside]
posted by zarq
on Feb 17, 2012 -
"The Fraley plaintiffs sued Facebook, alleging that its 'Sponsored Stories' feature, which displays ads on Facebook containing the names and pictures of users who have 'Liked' a product, violated California’s Right of Publicity statute. The statute forbids the commercial use of an individual’s name or likeness without consent. Integral to the plaintiffs’ claim was the assertion they had been injured because they were “celebrities” to their Facebook friends, such that their endorsements of the products in the Sponsored Stories held economic value—economic value that they were deprived of when Facebook published their Stories without their consent." - Famous for Fifteen People (Stanford Law Review)
: Celebrity, Newsworthiness, and Fraley v. Facebook (Citizen Media Law Project)
posted by wikipedia brown boy detective
on Feb 10, 2012 -
Gigi Gordon dies at 54; crusading criminal defense lawyer.
'Defense attorney Gigi Gordon, who was hailed as 'an unstoppable force for justice,' battled corrupt police and overzealous prosecutors to free dozens of prisoners who had been wrongfully convicted.''"She changed the way criminal law was practiced in this county," said her ex-husband, Andrew M. Stein, who also is a criminal defense lawyer. "People don't realize how many people she set free."' [more inside]
posted by VikingSword
on Jan 30, 2012 -
All this brings me to an Indian I want you to know better than his jury did—Douglas Ray Stankewitz, the longest tenured inmate on California’s death row. Like most Indians who find themselves in a group of non-Indians, he is currently known as Chief, but unlike many Indians, he is proud of the nickname.
The government wants to kill Chief because Theresa Greybeal was shot dead in the course of a robbery by a group of people high on heroin, and there is no question that Chief was one of them. There is a serious question about who pulled the trigger, and juries are reluctant to kill individuals who did not pull the trigger. But as far as his jury knew, Douglas Stankewitz pulled the trigger. And he might have, but we will never know, based on his trial.
posted by latkes
on Jan 15, 2012 -