Jim Obergefell and John Arthur had been together nearly two decades when John was stricken by terminal ALS. With their union unconstitutional in Ohio, the couple turned to friends and family to fund a medical flight to Maryland, where they wed, tearfully, on the tarmac [prev.]. After John's death, however, Jim found himself embroiled in an ugly legal battle with his native state over the right to survivor status on John's death certificate -- a fight he eventually took all the way to the Supreme Court. And that's how this morning -- two years after U.S. v. Windsor, a dozen after Lawrence v. Texas, and at the crest of an unprecedented wave of social change -- the heartbreaking case of Obergefell v. Hodges has at long last rendered same-sex marriage legal nationwide in a 5-4 decision lead by Justice Anthony Kennedy. [more inside]
The US Supreme Court upholds subsidies on the federal exchanges in King v. Burwell in a 6-3 ruling written by the Chief Justice Roberts. Rejecting Chevron deference, the court decided that Congress actually intended for the federal exchanges to work like the state exchanges.
The Seven Minutes In 2000 When The Clinton White House Considered Endorsing Marriage Equality (SL Longform Buzzfeed)
What does all of this mean to the Davids of the world, the gay assimilationists that want to, wish they could, somebody do something, there's gotta be a way we can, Dignify This Parade? The ones begging: "Can't we get our people to at least DRESS respectfully for one lousy day? Is that too much to ask of our people? " Yes, yes it is.
Supreme Court Ruling Not Enough To Prevent Debtors Prisons Judge Robert Swisher, a Superior Court judge in Benton County, says he'll make judgments based on how people present themselves in court. "They come in wearing expensive jackets," he says referring to defendants who wear NFL football team jackets, "or maybe a thousand dollars' worth of tattoos on their arms. And they say, 'I'm just living on handouts.' " If the jacket or tattoos were a gift, he tells the defendants they should have asked the giver for the cash to pay their court fees instead.[more inside]
"There is nothing borrowed, or blue." As the Sixth Circuit marriage cases head to the Supreme Court on Tuesday, LGBT organizations make their closing arguments via YouTube.
In the case, Rodriguez v. United States, the Supreme Court ruled (6-3) today that a police officer may not extend a traffic stop beyond the time needed to complete the tasks related to that stop for the purposes of allowing a trained dog to sniff for drugs. Supremecourt.gov pdf, Washington Post article.
Buzzfeed profiles Jim Obergefell, the widower whose case will be heard, among others, at the Supreme Court in next month. [more inside]
Last week the Supreme Court of the United States ruled (PDF) on the case of Yates v. United States, whether the captain of a fishing boat violated the Sarbanes-Oxley Act by throwing undersized red grouper overboard to avoid prosecution. [more inside]
Now in open beta, SCOTUS Search allows users to "search the text of 1,424,780 individual statements within 6,683 Supreme Court oral arguments." [more inside]
The U.S. Supreme Court has agreed to hear cases on same-sex marriage. The focus of the Court’s review will be a decision issued in early November by the U.S. Court of Appeals for the Sixth Circuit, which upheld bans in Kentucky, Michigan, Ohio, and Tennessee. The Court will rule on the power of U.S. states to ban same-sex marriages or refuse to recognize such marriages when performed in another state. Hearings will likely take place in April, and a final ruling is expected in late June. [more inside]
On August 21, a federal judge in Florida ruled that that the state's ban on same sex marriage was unconstitutional, but the ruling was stayed until January 5. Although the state Attorney General appealed the ruling and asked for a further stay, both the 11th circuit, and os of last night the Supreme Court have denied the appeal, and Florida will become the 36th marriage equality state on January 6th. [more inside]
This morning, the Supreme Court released an opinion (pdf) in Heien vs. North Carolina, finding that because the Fourth Amendment requires government officials to act reasonably, not perfectly, and gives those officials “fair leeway for enforcing the law,” an officer in North Carolina did not act unconstitutionally when they stopped and searched a car driving with a broken brake light, even though North Carolina law requires only one vehicle brake light to be working. [more inside]
On Monday, the Supreme Court (with a recovering Ruth Bader Ginsburg) will hear argument in Elonis v. United States, a case where a man was convicted for posts and messages on Facebook that prosecutors treated as threats of actual violence. (trigger warning: descriptions of violence) [more inside]
Today, by a 2-1 decision, the Sixth Circuit upheld the same-sex marriage bans in Ohio, Kentucky, Tennessee and Michigan. reversing a federal district court decision and creating a circuit split: the Sixth Circuit has upheld bans, while the Fourth, Seventh, and Tenth Circuits have struck them down. [more inside]
The Obama Brief: The President considers his judicial legacy. (SL New Yorker)
This morning, the Supreme Court denied cert petitions in all seven same-sex marriage cases that had been brought to the SCOTUS level. [more inside]
Hey, remember when the Supreme Court ruled that every religion needs to have a shot at opening a legislative session with a prayer? Well, ladies and gentlemen, please put your hands together for David Suhor, Agnostic Pagan Pantheist. Wait, where are you going?
I just freed an innocent man from death row. And I’m still furious. "Some people expect me to feel satisfied, or even happy. The truth is: I am angry. I am angry that we live in a world where two disabled boys can have their lives stolen from them, where cops can lie and intimidate with impunity, where innocent people can be condemned to die and where injustice is so difficult to bring to light. As I lie awake at night, mulling over the maddening details of this case, I wonder: How many more Henry McCollums are still imprisoned, waiting for help that will never come?" [more inside]
When the Supreme Court agrees to hear a case, they often receive dozens of amicus briefs, or "friend of the court" briefs; SCOTUS "opinions are increasingly studded with citations of facts they learned from amicus briefs." "The trouble with amicus facts... is that today anyone can claim to be a factual expert."
One Generation’s Time: The Legacy of Silme Domingo and Gene Viernes (YouTube, 1 hour). The story of two activists who fought to improve the lives of Filipino workers in Alaskan canneries, their murders by members of a street gang, and the eight-year investigation that ultimately found Philippines President Ferdinand Marcos responsible for their deaths. [more inside]
A federal judge has struck down Florida's state constitutional ban against gay marriage. Four state justices have previously struck down the ban, but U.S. District Judge Robert Hinkle became the first federal judge to rule the Sunshine State's ban unconstitutional. [more inside]
The Supreme Court holds closely held corporations cannot be required to provide contraception coverage with Justice Alito authoring the majority decision. Justice Ginsburg, in her dissent, calls it a "decision of startling breadth." SCOTUSBlog has a live blog of todays' decisions, which also includes Harris v. Quinn, on the ability of unions to require certain types of employees to contribute.
Internet TV/DVR start-up Aereo lost its copyright-infringement case at the Supreme Court today in a 6-3 decision, with Justices Scalia, Thomas, and Alito dissenting. This decision effectively reverses an earlier lower court ruling that found Aereo safely within the law. Although Aereo based its case on the 2008 Cablevision decision, which upheld the legality of cloud-based DVR systems, the majority ruling (PDF) states that "[B]ehind-the-scenes technological differences do not distinguish Aereo’s system from cable systems, which do perform publicly." This decision effectively puts Aereo out of business, given CEO Chet Kanojia's earlier statement that there was "no Plan B" if the Supreme Court ruled against the company. [more inside]
The Supreme Court has unanimously reversed (large PDF) the California Court of Appeals in Riley v. California, deciding that police cannot search the contents of a phone without a warrant during an arrest, and that "the fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought." [more inside]
Clarence Thomas's Counterrevolution: "The first time Clarence Thomas went to Washington, DC, it was to protest the Vietnam War. The last time that Clarence Thomas attended a protest, as far as I can tell, it was to free Bobby Seale and Erikah Huggins." Corey Robin (previously) discusses the intellectual legacy of Justice Clarence Thomas. See also: "Clarence X? The Black Nationalist behind Clarence Thomas's Constitutionalism. [more inside]
We hold that the claims at issue are drawn to the abstract idea of intermediated settlement, and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible invention.The United States Supreme Court has ruled 9-0 [pdf], invalidating many but by no means all software patents, in Alice v CLS Bank. [more inside]
We must first determine whether the claims at issue are directed to a patent-ineligible concept. We conclude that they are.
Tomorrow, is the 60th Anniversary of the Supreme Court's decision (pdf) in Brown v. Board of Education [more inside]
The Supreme Court ruled (PDF) this morning that the town of Greece, New York did not violate the Constitution by starting its public meetings with a prayer from a “chaplain of the month." [more inside]
The U.S. Supreme court has decided to uphold Michigan's ban on affirmative action. Here is a a brief summery of the history behind the case. The court has made their opinions available here. Also, how states with affirmative action bans have fared.
"Anita", a documentary by director Freida Mock, which opened in New York and Los Angeles last weekend, looks back on the journey of Anita Hill, who famously testified that her former boss and then-Supreme Court nominee Clarence Thomas had sexually harassed her. Trailer [more inside]
This morning, the Supreme Court heard arguments in Sebelius v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Sebelius, two cases where private corporations have challenged the Affordable Care Act's contraception coverage mandate. Previously, and previously [more inside]
Rails-to-Trails Essentially Told To Take A Hike
"For all I know, there is some right of way that goes through people's houses, you know," Justice Stephen Breyer said, "and all of a sudden, they are going to be living in their house and suddenly a bicycle will run through it."The Supreme Court struck a decisive (8-1) blow against rails-to-trails programs today with its ruling on Marvin Brandt Revocable Trust v. United States. [more inside]
Freddie Lee Hall, as a child, had been classified as "mentally retarded"; he is illiterate, cannot cook for himself, bathe independently, clean his clothes, and is unable to handle his own finances. Halll was sentenced to death for murdering Karol Hurst, a 21-year-old pregnant woman who was abducted leaving a Leesburg, Fla., grocery store in 1978. His guilt is not at issue; what is at issue, before the Supreme Court this morning, is whether the Florida Supreme Court's definition of mental retardation (having an IQ of 70 or less) was correctly applied to Hall, who has tested at an IQ of 71. [more inside]
During oral arguments this week on the Marvin Brandt Revocable Trust v. United States case, Justice Antonin Scalia chastised attorney Steven Lechner for reading from his script. Justice Stephen Breyer broke the tension with these words: "It's all right." [more inside]
Yesterday, the Supreme Court announced that it will hear two challenges to the Affordable Care Act's mandate that women's contraception must be covered. The cases, Sebelius v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Sebelius, ask the Court to focus on whether the pregnancy-related care coverage can be enforced against profit-making companies — or their individual owners — when the coverage contradicts privately held religious beliefs. [more inside]
Supreme Court to consider lifting campaign contribution limits. Reversing McCutcheon v. Federal Election Commission would allow unlimited individual campaign contributions.
In Conversation: Antonin Scalia "On the eve of a new Supreme Court session, the firebrand justice discusses gay rights and media echo chambers, Seinfeld and the Devil, and how much he cares about his intellectual legacy ("I don’t")." [more inside]
A new study from Harvard Law School (get the full paper here) reports that nearly half of the links cited in Supreme Court opinions are rotten (sometimes cleverly so).
A new web-service built through collaboration by many of the largest libraries in the world, Perma, currently in Beta, will enable users to create citation links that will never break.
SCOTUS declares DOMA Unconstitutional, 5 - 4. The gay rights movement saw a significant victory at the Supreme Court Wednesday, where the justices struck down part of a law barring federal benefits to married same-sex couples. In a 5-4 ruling, the court struck down a provision of the 17-year-old Defense of Marriage Act (DOMA) that denies federal benefits -- like Social Security benefits or the ability to file joint tax returns - to same-sex couples legally married. The impact of the DOMA case, United States v. Windsor, is clear for the nation's approximately 130,000 married same-sex couples. Section 3 of the law, the provision that was struck down, denies same-sex couples federal benefits. That provision impacts around 1,100 federal laws, including veterans' benefits, family medical leave and tax laws.
On appeal, the Federal Circuit has upheld Ultramericial's patent on the process of users viewing video ads online in order to view content. The court ruled that the abstractness of the patent does not invalidate it. [more inside]
The reviewing court must ultimately be satisfied that no workable race-neutral alternatives would produce the educational benefits of diversity. The Supreme Court issued a decision[pdf] in the affirmative action case Fisher v. University of Texas at Austin today. [more inside]
"We hold that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated," Justice Clarence Thomas writes in the court's decision following a unanimous ruling in the case of Association for Molecular Pathology et al. v. Myriad Genetics, Inc., et al.. "Myriad did not create or alter either the genetic information encoded in the BCRA1 and BCRA2 genes or the genetic structure of the DNA. It found an important and useful gene, but groundbreaking, innovative, or even brilliant discovery does not by itself satisfy the §101 inquiry." [more inside]
After a decade or so of legal back-and-forth between Utah-based Myriad Genetics and medical researchers, the ACLU, and the Public Patent Forum, the US Supreme Court will hear a case next week which attempts to address whether genes — isolated (derivative) or original — can be patented. The stakes are high on both sides: opponents use Myriad's actions to argue that giving short-term monopoly control over humanity's genetic constituency is not in the public interest, while proponents defend the use of patents to spur private research in biotech, alternative energy and other nascent industries.
Yesterday, Alabama Governor Robert Bentley signed Senate Bill 97, the Scottsboro Boys Act allowing for posthumous pardons. Bentley has said he wanted to close a chapter of state history. The Scottsboro case led to a landmark U.S. Supreme Court decision against excluding Blacks from juries. [more inside]
Earlier today, the Supreme Court heard oral arguments in the California Prop 8 case, Hollingsworth v. Perry. SCOTUSblog has a round-up of their analysis of today's arguments here. NYT article. LA Times article. [more inside]
The Supreme Court has held that the First Sale Doctrine applies to copyrighted material manufactured and sold abroad. (Previously) [more inside]
"Better known as the “Jane Roe” in the landmark Supreme Court case Roe v. Wade, Norma McCorvey has led a conflicted life. Forty years ago, she was at the center of the court decision that famously legalized abortion. Today, she is a zealous anti-abortion advocate." Why did McCorvey turn against the cause she once championed? Tracing the life of an Accidental Activist. Via