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]
posted by zarq
on Oct 6, 2013 -
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.
posted by theora55
on Jun 26, 2013 -
, 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]
posted by juiceCake
on Jun 25, 2013 -
"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
posted by zarq
on Jan 24, 2013 -
Jennie Linn McCormack "isn’t the only woman in recent years to be prosecuted for ending her own pregnancy. But her case could change the trajectory of abortion law in the United States": The Rise of DIY Abortions
. [more inside]
posted by zarq
on Jan 3, 2013 -
Hobby Lobby, a craft store with 525 U.S. locations, has announced
that it will defy a federal mandate to provide health coverage for all employees that includes emergency contraceptive coverage, and will pay a fine of $1.3 million every day. [more inside]
posted by roomthreeseventeen
on Dec 28, 2012 -
But it is already too late. CNN has been carefully orchestrating its transformation into a shockingly efficient news distribution company. They have been planning to saturate every screen in reach with this story as fast as possible, and the producer’s initial go-ahead pulled the trigger. On the air, Wolf Blitzer is sending the coverage to the Courthouse steps. And as planned the reporter is putting her phone down to go on the air, which cuts herself off from the only CNN employee with access to the opinion. We’re getting wildly differing assessments
: SCOTUSblog compiles first-hand accounts of the minutes between 10:06 and 10:15am on June 28, when CNN and FOX misreported and retracted that the mandate had been struck down.
posted by youarenothere
on Jul 8, 2012 -
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 -
Today, the 9th Circuit said
a majority of its 26 actively serving judges has voted not to revisit
a three-judge panel's 2-1 decision
declaring the voter-approved ban to be a violation of the civil rights of gays and lesbians in California. Now that en banc rehearing was denied, the proponents have 90 days to file a petition for certiorari to the Supreme Court, seeking review of the decision striking down Proposition 8. Oral argument would follow a few months later, and then a final decision would be issued by June or July 2013.
posted by roomthreeseventeen
on Jun 5, 2012 -
Remember Kentucky v. King from last year
? The mis-reported conclusion was that police could enter a home without a warrant to prevent destruction of evidence based on hearing movement after knocking. A week ago the supreme court of Kentucky published
(pdf) its revisiting of the case given instructions from the US supreme court, and found in favor of King (via
): [more inside]
posted by a robot made out of meat
on May 3, 2012 -
On June 3, 1961, a poor drifter named Clarence Gideon was seen getting into a cab with a bottle of wine, some smokes, and some cash in his pockets as he left the Bay Harbor Pool Room. Police had been called to investigate a broken cigarette machine and promptly found and arrested Gideon. Unable to afford an attorney and forced by the trial judge to represent himself, he was convicted and sentenced to five years in prison. After having his petition for a writ of Habeus Corpus denied by the Florida Supreme Court, he petitioned the U.S. Supreme Court. 49 years ago today
, the court ruled unanimously in his favor, setting a lasting, fundamental precedent. His case was sent back down to Florida, and with proper representation, he was acquitted.
posted by disillusioned
on Mar 18, 2012 -
Mary Brown, a 56-year-old Florida woman who owned a small auto repair shop but had no health insurance, became the lead plaintiff challenging President Obama's healthcare law because she was passionate about the issue.
Brown "doesn't have insurance. She doesn't want to pay for it. And she doesn't want the government to tell her she has to have it," said Karen Harned, a lawyer for the National Federation of Independent Business. Brown is a plaintiff in the federation's case, which the Supreme Court plans to hear later this month.
But court records reveal that Brown and her husband filed for bankruptcy last fall with $4,500 in unpaid medical bills. Those bills could change Brown from a symbol of proud independence into an example of exactly the problem the healthcare law was intended to address. [more inside]
posted by gerryblog
on Mar 10, 2012 -
Yesterday, the Supreme court granted certiorari
to several of the challenges to the constitutionality of the Affordable Care Act. Here
's a great roundup of several news stories. I like the NPR
story for a quick summary of the issues. The Court will hear a total of 5.5 hours of oral argument, and a decision is expected by the end of the current term, in June.
posted by insectosaurus
on Nov 15, 2011 -
How “secure” do our homes remain if police, armed with no warrant, can pound on doors at will and, on hearing sounds indicative of things moving, forcibly enter and search for evidence of unlawful activity?
Supreme Court OKs More Warrantless Searches [more inside]
posted by AceRock
on May 17, 2011 -
Third, class arbitration greatly increases risks to defendants. Informal procedures do of course have a cost: The absence of multilayered review makes it more likely that errors will go uncorrected. Defendants are willing to accept the costs of these errors in arbitration, since their impact is limited to the size of individual disputes, and presumably outweighed by savings from avoiding the courts. But when damages allegedly owed to tens of thousands of potential claimants are aggregated and decided at once, the risk of an error will often become unacceptable. Faced with even a small chance of a devastating loss, defendants will be pressured into settling questionable claims.
—Justice Scalia delivers the opinion of the Court, and a knife in the back of class-action suits. [more inside]
posted by kipmanley
on Apr 27, 2011 -
The latest attempt to mitigate the impact of the Citizens United
decision has failed, with an attempt to pass transparency rules for corporations funding political advertising failing to reach cloture
. Obama comments on this vote in his most recent weekly address
Citizens United v Federal Election Commission
(2010) held that corporate funding of independent political broadcasts in candidate elections cannot be limited under the First Amendment. [more inside]
posted by lucien_reeve
on Sep 24, 2010 -
On Monday the SCOTUS said
juveniles who commit crimes in which no one is killed may not be sentenced to life in prison without the possibility of parole. Thomas, ever the orginalist
, apparently said
they should only consider practices at the time the Bill of Rights was adopted. Stevens, however, noted people as young as 7 were put to death in the 18th century. "Knowledge accumulates," he wrote. "We learn, sometimes, from our mistakes." So, did they really
put kids that young to death? Well, Probably Not
. A look back at all the death sentences handed down for children under age fourteen by a well documented court in London found in every case (over 100 in all) the initial death sentence was eventually changed to transportation, imprisonment, and/or whipping. No child criminal was actually put to death.
posted by Blake
on May 21, 2010 -