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Hobby Lobby

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.
posted by leotrotsky on Jun 30, 2014 - 1167 comments

End of the line for Aereo?

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]
posted by Strange Interlude on Jun 25, 2014 - 151 comments

The Founding Fathers Would Have Protected Your Smartphone

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]
posted by roomthreeseventeen on Jun 25, 2014 - 57 comments

Five facts about Clarence Thomas that perhaps you didn’t know.

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]
posted by anotherpanacea on Jun 23, 2014 - 80 comments

Just because you used a computer doesn't make your idea new.

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.
...
We must first determine whether the claims at issue are directed to a patent-ineligible concept. We conclude that they are.
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]
posted by atbash on Jun 19, 2014 - 57 comments

Corporations are people too, my friends. Special, unaccountable people.

How corporations became people you can't sue.
posted by T.D. Strange on Jun 15, 2014 - 75 comments

"has no place in the field of public education"

Tomorrow, is the 60th Anniversary of the Supreme Court's decision (pdf) in Brown v. Board of Education [more inside]
posted by roomthreeseventeen on May 16, 2014 - 12 comments

Prayers get a new blessing

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]
posted by roomthreeseventeen on May 5, 2014 - 167 comments

U.S. Supreme Court upholds Michigan's ban on affirmative action

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.
posted by Shouraku on Apr 23, 2014 - 237 comments

the intimate story of a woman who spoke truth to power.

"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]
posted by roomthreeseventeen on Mar 27, 2014 - 33 comments

Contraception is my business

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]
posted by roomthreeseventeen on Mar 25, 2014 - 161 comments

Supreme Court Deals Massive Blow To Rails-to-Trails Programs

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]
posted by entropicamericana on Mar 10, 2014 - 95 comments

71

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]
posted by roomthreeseventeen on Mar 3, 2014 - 136 comments

"Counsel, you are not reading this, are you?"

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]
posted by roomthreeseventeen on Jan 17, 2014 - 76 comments

The government “shall not substantially burden a person’s exercise of re

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]
posted by roomthreeseventeen on Nov 27, 2013 - 214 comments

McCutcheon v. FEC

Supreme Court to consider lifting campaign contribution limits. Reversing McCutcheon v. Federal Election Commission would allow unlimited individual campaign contributions.
posted by kliuless on Oct 7, 2013 - 101 comments

"I have never been custodian of my legacy."

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 - 89 comments

404 No More

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.
posted by Lutoslawski on Sep 24, 2013 - 19 comments

DOMA Unconstitutional, Yippie-Ki-Yay!

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 - 761 comments

Don't Bother Being Specific

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]
posted by juiceCake on Jun 25, 2013 - 37 comments

SCOTUS Issues Narrow Decision on Affirmative Action

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]
posted by insectosaurus on Jun 24, 2013 - 92 comments

All Ur DNA Base R Belong To U

"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]
posted by Hairy Lobster on Jun 13, 2013 - 100 comments

Gene genie, let yourself go

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.
posted by Blazecock Pileon on Apr 12, 2013 - 58 comments

“This is historic legislation, and it’s time to right this wrong.”

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]
posted by roomthreeseventeen on Apr 12, 2013 - 7 comments

SCOTUS Hears Oral Arguments in Prop 8 Case

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]
posted by insectosaurus on Mar 26, 2013 - 398 comments

The Parade of Horrors is Delayed

The Supreme Court has held that the First Sale Doctrine applies to copyrighted material manufactured and sold abroad. (Previously) [more inside]
posted by anewnadir on Mar 19, 2013 - 87 comments

"Roe has been her life, but it's no longer much of a living."

"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
posted by zarq on Jan 24, 2013 - 39 comments

Totenberg on Sotomayor on NPR

In conjunction with the publication of her autobiography, Supreme Court Justice Sonia Sotomayor sat down with NPR's Nina Totenberg for an extended interview. 1: Sotomayor reflects on her upbringing, her family, and the formative years of her life. 2: Exploring her educational background and her motivations toward excellence. 3: Her post-education career and the path toward her being appointed to the Supreme Court. Audio links and transcripts available for all links. [more inside]
posted by hippybear on Jan 19, 2013 - 9 comments

Undue Burden

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 - 66 comments

To remain true to its faith...

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 - 389 comments

Justice delayed

In a private conference this morning, the Supreme Court of the United Stated discussed ten petitions relating to the Defense of Marriage Act and Proposition 8. [more inside]
posted by roomthreeseventeen on Nov 30, 2012 - 93 comments

Windsor vs. United States

Today, the Court of Appeals for the 2nd Circuit ruled that "we conclude that Section 3 of the Defense of Marriage Act violates equal protection and is therefore unconstitutional" [PDF of decision]. Plaintiff Edie Windsor has also petitioned the US Supreme Court to hear her case. [more inside]
posted by catlet on Oct 18, 2012 - 51 comments

"A ruling against the Kiobel plaintiffs would be disastrous"

Yesterday, the U.S. Supreme Court returned from summer vacation, and among other things, it heard the second oral argument of Kiobel v. Royal Dutch Petroleum Co.. Esther Kiobel and eleven other Nigerian plaintiffs are accusing oil companies of complicity in a brutal crackdown on protesters that included torture and murder; during the first round of arguments, "some of the court's conservative justices signaled a willingness to shield corporations from liability in U.S. courts over allegations that they had aided or acquiesced to foreign governments that abused their own people." Meanwhile, a group called People Against Legalizing Murder has launched MurderisBad.com - which Shell has allegedly blocked from its employees.
posted by jbickers on Oct 2, 2012 - 50 comments

Wait, wait...

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 - 75 comments

I get older, they stay the same age.

Sixty-nine photos of US politicians in high school with a few others mixed in.
posted by gman on Jul 2, 2012 - 74 comments

Tie game. Bottom of the 9th. Bases loaded. Two outs. Three balls. Two strikes. And the pitch...

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 year century 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 - 1173 comments

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Today the Supreme Court announced their 5-4 decision for Miller v. Alabama and found that mandatory life without parole sentences for juveniles who commit murder are unconstitutional. [more inside]
posted by Talez on Jun 25, 2012 - 165 comments

Prop 8 is still unconstitutional.

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 - 84 comments

Money Unlimited

Money Unlimited How John Roberts Orchestrated the Citizens United decision. [more inside]
posted by modernnomad on May 15, 2012 - 87 comments

Kentucky v. King revisited

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 - 13 comments

United States v. Health Care Reform

This morning marked day two of marathon proceedings in what's likely the most momentous and politically-charged Supreme Court case since Bush v. Gore: the effort to strike down President Obama's landmark health care reform law. While yesterday was a sleepy affair of obscure technical debate, today's hearings targeted the heart of the law -- the individual mandate that requires most Americans to purchase insurance by 2014. With lower courts delivering a split decision before today, administration lawyers held some hope that at least one conservative justice could be persuaded to uphold the provision, which amortizes the risk that makes universal coverage possible. But after a day of deeply skeptical questioning by swing justice Anthony Kennedy and his fellow conservatives [transcript - audio], the mandate looks to be in grave trouble, with CNN legal analyst Jeffrey Toobin going as far as calling the day "a train wreck" for the administration. But it's far from a done deal, with a third day of hearings tomorrow and a final decision not expected until June.
posted by Rhaomi on Mar 27, 2012 - 373 comments

Gideon's Trumpet

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 - 51 comments

hey, that's a funny coincidence

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 - 189 comments

Surveillance state located

FBI General Counsel reveals that around 3,000 warrantless GPS trackers were removed after the ruling in U.S v. Jones clarified their illegality (judgement PDF) (previous FPP). The ruling that a mosaic of surveillance technologies may form an issue when considered individually and the FBI's view of likely future judgements on the matter is particularly interesting in the light of the forthcoming cert/standing findings regarding warrantless eavesdropping.
posted by jaduncan on Feb 26, 2012 - 20 comments

United States v. Shipp

The Supreme Court of the United States has held only one criminal trial in its history: United States v. Shipp. [more inside]
posted by jedicus on Feb 7, 2012 - 30 comments

United States v. Jones

In a unanimous decision [PDF], the Supreme Court has ruled on United States v. Jones and found that placement of a GPS tracker on a car by police is a violation of the fourth amendment—but is the ruling as clear-cut as it seems? [more inside]
posted by reductiondesign on Jan 23, 2012 - 35 comments

The Berne Convention Redux

"Neither the Copyright and Patent Clause nor the First Amendment, we hold, makes the public domain, in any and all cases, a territory that works may never exit. "
posted by burnfirewalls on Jan 19, 2012 - 96 comments

This is why we can't have nice things.

Unanimous SCOTUS ruling: Anti-discrimination laws (such as the ADA) do not apply to church employees with religious duties. Full ruling: PDF, HTML
posted by Evilspork on Jan 13, 2012 - 107 comments

Notes From Guantánamo

My Guantánamo Nightmare. Lakhdar Boumediene was imprisoned at Guantanamo Bay for seven years without explanation or charge until his case made it to the Supreme Court, leading to a decision which bears his name and his release ordered by a federal judge. The NYTimes has his and another account from another former detainee: Notes From a Guantánamo Survivor. [Via]
posted by homunculus on Jan 9, 2012 - 63 comments

Montana Supreme Court takes on the US Supreme Court

Last week Montana's Supreme Court ruled 5-2 to essentialy ignore Citizens United. Even Justice James C. Nelson one of the 2 dissenters had this to say about the Citizens United decision:
"Corporations are not persons. Human beings are persons, and it is an affront to the inviolable dignity of our species that courts have created a legal fiction which forces people — human beings — to share fundamental, natural rights with soulless creatures of government,"
Of course the prediction is an overturn of the Montana ruling, but some hope that now given the real world examples of the modern SuperPac Justice Kennedy will at least revisit some of his earlier justification. (the ruling in question: Western Tradition Partnership, Inc. v. Attorney Generalpdf)
posted by edgeways on Jan 9, 2012 - 150 comments

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