274 posts tagged with SupremeCourt.
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Utah v. Strieff

The Supreme Court has issued its opinion in Utah v. Strieff (pdf actual opinion), holding essentially that an active warrant remedies an unconstitutional stop. [more inside]
posted by likeatoaster on Jun 20, 2016 - 82 comments

Radiolab̶w

More Perfect is a seven-week long Radiolab spin-off series examining Supreme Court Cases.
  1. “Cruel and Unusual” examines the history of the death penalty, particularly lethal injection. A related MeFi Post
  2. “The Political Thicket” digs deep into the drama surrounding the Baker v. Carr redistricting case and the psychological toll it exacted on the justices.
  3. The next episode airs June 17. Kind of meh on the Radiolab style? Try Amicus for Dahlia Lithwick’s discussions of recent Supreme Court Decisions, the oh-so-dry debates on constitutional law at We The People, or just take your Supreme Court oral arguments straight up from Oyez.

posted by Going To Maine on Jun 14, 2016 - 20 comments

ASL at the Supreme Court

This week, 12 members of Deaf and Hard of Hearing Bar Association were sworn in to the Supreme Court bar. After they were presented to the court for admission, Roberts signed in American Sign Language: “Your motion is granted.” [more inside]
posted by roomthreeseventeen on Apr 24, 2016 - 8 comments

"I had to tell the truth"

Twenty-five years ago, Anita Hill stood before 20 million people and testified that then Supreme Court nominee Clarence Thomas had sexually harassed her while she’d worked for him at the Equal Employment Opportunity Commission. [more inside]
posted by triggerfinger on Apr 14, 2016 - 33 comments

“As a practical matter, the ruling mostly helped Democrats.”

Supreme Court Rejects Challenge to ‘One Person One Vote’ by Adam Liptak [The New York Times] The Supreme Court on Monday unanimously ruled that states may count all residents, whether or not they are eligible to vote, in drawing election districts. The decision was a major statement on the meaning of a fundamental principle of the American political system, that of “one person one vote.” Until this decision, the court had never resolved whether voting districts should contain the same number of people, or the same number of eligible voters. Counting all people amplifies the voting power of places that have large numbers of residents who cannot vote legally — including immigrants who are here legally but are not citizens, illegal immigrants, children and prisoners. Those places tend to be urban and to vote Democratic. [more inside]
posted by Fizz on Apr 4, 2016 - 84 comments

"The judgment is affirmed by an equally divided Court."

In only the second case decided since the recent death of Justice Scalia, the United States Supreme Court today reached a decision [PDF] in the case of Friedrichs v. California Teachers Association, deadlocking in a four-to-four tie that upholds an earlier circuit court ruling finding agency fees for non-union teachers to be constitutional, but that sets no precedent for future cases. [more inside]
posted by cjelli on Mar 29, 2016 - 51 comments

The Augustus Countdown

If we can’t make our republican system of government work, eventually the people will clamor for a leader who can sweep it all away "The historical model I keep invoking is the Roman Republic, which didn’t fall all at once when Julius Caesar crossed the Rubicon or his nephew Octavian became the Emperor Augustus, but had been on such a downward spiral of norm-busting dysfunction for so long (about a century) that it was actually a relief to many Romans when Augustus put the Republic out of its misery. In “Countdown” I pointed out the complexity of that downward trend: about half of the erosion in Rome was done by the good guys, in order to seek justice for popular causes that the system had stymied." [more inside]
posted by OnceUponATime on Mar 22, 2016 - 107 comments

A Supreme Court justice riding a unicorn.

First there was the tumblr, then there was the book, now there’s a Ruth Bader Ginsburg coloring book. It’s not a nominee, but in the meantime.
posted by pipti on Mar 1, 2016 - 3 comments

Antonin Scalia (March 11, 1936 - February 13, 2016)

Reports indicate that he died of natural causes on a West Texas ranch.
posted by Ouverture on Feb 13, 2016 - 1414 comments

"The earth just had a terrible day in court"

For the moment, the fate of the Clean Power Plan — and the question of just how capable the United States is of self-governance — remains uncertain. The Supreme Court ordered the Plan to be temporarily halted, most likely until the Court hands down an opinion on the legality of the Plan in June of 2017. If the Plan survives the next presidential election, and if it is ultimately upheld by the Court, then Tuesday’s order will only succeed in delaying the new rules. If the Court ultimately strikes down the Plan, however, the United States could be left impotent in the face of a looming catastrophe — and not just with respect to this particular catastrophe. The states challenging the Clean Power Plan call for sweeping changes to the balance of power between the regulator and the regulated. Indeed, if some of their most aggressive arguments succeed, it’s unclear that the federal government is permitted to do much of anything at all.
-Ian Millhiser for ThinkProgress, "Inside The Most Important Supreme Court Case In Human History"
posted by zombieflanders on Feb 12, 2016 - 57 comments

Montgomery v. Louisiana

"Petitioner Montgomery was 17 years old in 1963, when he killed a deputy sheriff in Louisiana. The jury returned a verdict of “guilty without capital punishment,” which carried an automatic sentence of life without parole. Nearly 50 years after Montgomery was taken into custody, this Court decided that mandatory life without parole for juvenile homicide offenders violates the Eighth Amendment’s prohibition on “ ‘cruel and unusual punishments.’" Today, the Supreme Court, in a 6-3 decision, said that ruling will apply retroactively. [more inside]
posted by roomthreeseventeen on Jan 25, 2016 - 52 comments

Does free speech protect free riders?

Oral arguments were heard on Monday in Friedrichs v. California Teachers Association, a Supreme Court case in which the plaintiffs are attempting to invoke their First Amendment right to free speech to avoid being compelled to pay their share of the costs of union representation. Summarizing the oral arguments for SCOTUSblog, Amy Howe notes that "public-employee unions are likely very nervous, as the Court’s more conservative Justices appeared ready to overrule the Court’s 1977 decision in Abood v. Detroit Board of Education and strike down the fees." [more inside]
posted by tonycpsu on Jan 12, 2016 - 112 comments

Safe and Unrestricted Access to Abortion

“To the world, I am an attorney who had an abortion, and, to myself, I am an attorney because I had an abortion." The Center for Reproductive Rights and law firm Paul Weiss submitted an amicus brief [pdf] to the U.S. Supreme Court signed by 113 attorneys, detailing the importance of abortion rights in their own lives. [more inside]
posted by melissasaurus on Jan 8, 2016 - 55 comments

Suppose someone started an adults-only car wash…

In 1991, The Supreme Court heard Barnes v. Glen Theatre, Inc. (spoilers!) (Number 90-26), in which two strip clubs contented that laws against nude dancing violated their first amendment rights.
The oral argument (as recorded and transcribed at Oyez) is just as titter-inducing and thoughtful as you would expect a hypothetical-filled conversation between lawyers talking about nudity would be; it was later adapted verbatim into the play Arguendo.
posted by Going To Maine on Nov 15, 2015 - 10 comments

The Notorious RBG

'Marty Was Always My Best Friend': Ruth Bader Ginsburg's Love Story, an excerpt in Jezebel from the new book Notorious RBG: The Life and Times of Ruth Bader Ginsburg by Irin Carmon and Shana Knizhnik. [Don't read this unless you're ready to sob like a baby.]
posted by Ragini on Nov 8, 2015 - 16 comments

Lochner? I hardly even know of that legal opinion

Barnett believes the Constitution exists to secure inalienable property and contract rights for individuals. This may sound like a bland and inconsequential opinion, but if widely adopted by our courts and political systems it would prohibit or call into question basic governmental protections—minimum wages, food-safety regulations, child-labor laws—that most of us take for granted. For nearly a century now, a legal counterculture has insisted that the whole New Deal project was a big, unconstitutional error, and Barnett is a big part of that movement today.
posted by Rustic Etruscan on Sep 1, 2015 - 61 comments

Nonpartisan Redistricting

Supreme Court rules against gerrymandering - "Ginsburg's opinion is now the law, and I suspect that, in a few decades, this case will be considered one of the most important of the term. Thus far, only California has copied Arizona and created an independent redistricting commission. But with the court's blessing, more states are likely to follow suit. These commissions have been hugely successful thus far, a real boost for representative democracy and a cure for the notoriously stubborn problem of gerrymandering. Had Justice Anthony Kennedy swung away from Ginsburg and aligned with his fellow conservatives, America would be facing down a distressingly undemocratic future."
posted by kliuless on Jul 7, 2015 - 62 comments

Struck by Lightning

This morning, The New Yorker's Rachel Aviv exposed the case of Louisiana death row inmate Rodricus Crawford, a possibly innocent 23 year old man prosecuted by notorious Caddo Parish assistant district attorney Dale Cox; at the same time, the Supreme Court refused to halt lethal injections in Oklahoma (or, as some had hoped, nationwide) and recently exonerated and freed former death row inmate Glenn Ford lost his life to lung cancer. [more inside]
posted by sallybrown on Jun 29, 2015 - 62 comments

EQUAL · MARRIAGE · UNDER · LAW

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]
posted by Rhaomi on Jun 26, 2015 - 1258 comments

ACA passed "to improve health insurance markets, not to destroy them"

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.
posted by anotherpanacea on Jun 25, 2015 - 306 comments

Supreme Court upholds right to wear a hijab at work

Clothing retailer Abercrombie & Fitch discriminated against a Muslim teenager when it refused to hire her, in part, because she wore a religious headscarf, the US Supreme Court ruled on Monday. During oral arguments, Supreme Court Justice Sonia Sotomayor pointed out that the case is unlike most employment discrimination cases in that the hiring manager at Abercrombie has openly admitted lowering Elauf’s score upon learning from another manager that the hijab violated company policy.
posted by Sir Rinse on Jun 1, 2015 - 75 comments

Who pays for the legal battle over same-sex marriage?

As a historic constitutional showdown over gay marriage looms this month at the U.S. Supreme Court, attorneys are fighting over another bitterly disputed issue: their fees. In some cases, the fee requests run well into seven figures and are submitted on behalf of powerful law firms that a Reuters examination found have outsized access to the Supreme Court. Individuals and advocacy groups that file lawsuits aimed at the high court sometimes retain big-firm lawyers who specialize in arguing in that forum and boast remarkable success rates in getting their cases heard.
posted by sciatrix on Apr 18, 2015 - 14 comments

We landed at Baltimore, sat on the tarmac for a little bit, said ‘I do.'

Buzzfeed profiles Jim Obergefell, the widower whose case will be heard, among others, at the Supreme Court in next month. [more inside]
posted by roomthreeseventeen on Mar 23, 2015 - 27 comments

Women of the Supreme Court in Lego

The women justices of the Supreme Court, represented in Lego. More pictures here. Not a commercially available set, unfortunately, but a custom design by Maia Weinstock. Maia's other Lego projects include scientists, album covers, and this infographic on gender representation in minifigs.
posted by Metroid Baby on Mar 9, 2015 - 13 comments

Armband is the new black

Today is the 46th anniversary of the Supreme Court decision in Tinker vs. Des Moines. Two high school students refused to remove the black arm bands that they wore to school on December 11, 1965 as a form of silent protest and in mourning of those lost in the Vietnam War. The Supreme Court agreed with their right to express their political opinions, stating "Students don't shed their constitutional rights at the school house gates." This was also the decision that stated that expression of an idea need not be verbal or written in order to be covered under the umbrella of free speech. [more inside]
posted by batbat on Feb 24, 2015 - 19 comments

SCOTUS Search

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]
posted by jedicus on Feb 18, 2015 - 11 comments

Dying with dignity

In a 9-0 decision, the Supreme Court of Canada ruled today that Canada's century-old legislation banning doctor-assisted suicide is unconstitutional. The decision is stayed for 12 months to allow for legal frameworks to be devised.
posted by feckless fecal fear mongering on Feb 6, 2015 - 70 comments

U.S. Supreme Court to rule on same-sex marriage

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]
posted by kyrademon on Jan 16, 2015 - 120 comments

Possible Supreme Court cases that could rein in the NSA in 2015

If the Supreme Court tackles the NSA in 2015, it’ll be one of these five cases. Detailed, thoughtful piece with lots of links from Ars Technica.
posted by mediareport on Jan 3, 2015 - 23 comments

Heien vs. North Carolina

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]
posted by roomthreeseventeen on Dec 15, 2014 - 127 comments

The map is about to meet in the middle

The Supreme Court has lifted the stay preventing same-sex marriage in Kansas; meantime, South Carolina is stayed until November 20th. [more inside]
posted by joycehealy on Nov 13, 2014 - 14 comments

Dogs reenacting U.S. Supreme Court oral arguments

If there is any justice in the world, this will revolutionize the way you consume Supreme Court news. Fed up with the Supreme Court's refusal to allow cameras at oral arguments, John Oliver has proposed an alternative to existing television coverage that relies on artists' renderings of the justices. Oliver has released more than ten minutes of raw footage of dogs dressed up like the members of the Court, and has challenged news outlets to use the footage to create less-boring recreations of oral arguments. [more inside]
posted by heisenberg on Oct 22, 2014 - 32 comments

If a process yields discrimination, then we need to examine the process.

Bias in the Box. "This is where Bryan Stevenson’s 'undeveloped understanding' comes into focus. A prosecutor may say with the utmost sincerity that he doesn’t exclude blacks [from a jury] because of their race, but because they or someone in their family has been a victim of discrimination, which leads them to distrust the system. Because of their experiences, they are believed to be less motivated to sentence someone to die and are therefore less desirable on a jury." (slVQR) [more inside]
posted by Rustic Etruscan on Oct 11, 2014 - 7 comments

Haiku Decisis

Below you’ll find a haiku extracted from a random Supreme Court opinion.
posted by Confess, Fletch on Aug 22, 2014 - 52 comments

“They paid the ultimate price for standing up for the working class”

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]
posted by Banknote of the year on Aug 22, 2014 - 5 comments

Tsilhquot’in victory in the Supreme Court

On June 26, the Supreme Court of Canada ruled in favour of the Tsilhquot’in people in their title claim to more than 1700 square km of land in British Columbia. The case is a landmark, and was a unanimous decision, supported 8-0 by the justices. The decision, is the first time the Canadian courts have recognized full aboriginal title to a specific tract of land by, and experts in the field expect the ruling to have an impact on future title questions worldwide (from Vancouver Island to New Zealand, or, one might say, from PKOLS to Aotearoa) [more inside]
posted by chapps on Jul 8, 2014 - 37 comments

Judges Explaining Technology

"As a matter of science, traditional adoption does not provide a woman with the opportunity to be pregnant.” Reber v. Reiss, 42 A.3d 1131, 1138-39 (Pa. Super. Ct. 2012). Judges Explaining Technology.
posted by dzkalman on Jul 8, 2014 - 25 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

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

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

"An argument that has the characterizing flavor of bullshit."

The entire first episode of John Oliver's new current-events comedy show on HBO, Last Week Tonight, is viewable on its official YouTube Channel. [more inside]
posted by JHarris on Apr 28, 2014 - 99 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

Supreme Court of India recognizes transgenders as 'third gender'

The Supreme Court of India directed the Indian Government to include a new gender category to include people who don't identify as the traditional male or female. My head spins as I write this. A combination of being woken up suddenly from heavy sleep and a sudden jerk of pleasant shock has left my head spinning. I am humming some sweet songs in celebration! Hurray!
Supreme Court ruling grants transgender recognition and OBC status* in India. [more inside]
posted by infini on Apr 15, 2014 - 19 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

A Trail of Broken Glass

Stephen Glass was a well-known journalist at The New Republic who was exposed for multiple instances of fabricating stories and lying to cover up the details (previously here and here), as well as burning a few bridges in his attempt to explain his actions. A movie was made about this, and he wrote a book. Since Glass’s fall, he has gone to law school and has been practicing as a paralegal at a Los Angeles law firm with the hopes of becoming a lawyer. He has passed the bar exams in New York and California. However, there is a required ethics review in both states before one is allowed to practice. He was already denied (informally) a license in New York, and a final decision in California was appealed to the California Supreme court, who ruled last month conclusively that Glass would not be allowed to practice law in California. Here is the 33-page ruling. [more inside]
posted by SpacemanStix on Mar 5, 2014 - 68 comments

Satire Amicus

"After all, where would we be without the knowledge that Democrats are pinko-communist flag-burners who want to tax churches and use the money to fund abortions so they can use the fetal stem cells to create pot-smoking lesbian ATF agents who will steal all the guns and invite the UN to take over America? Voters have to decide whether we’d be better off electing Republicans, those hateful, assault-weapon-wielding maniacs who believe that George Washington and Jesus Christ incorporated the nation after a Gettysburg reenactment and that the only thing wrong with the death penalty is that it isn’t administered quickly enough to secular humanist professors of Chicano studies."
The Cato Institute's unique amicus brief to the Supreme Court in the Dreihaus political speech case is a defense of "truthiness", mocking and satire which it contends "are as old as America, and if this Court doesn’t believe amici, it can ask Thomas Jefferson, 'the son of a half-breed squaw, sired by a Virginia mulatto father.'”
posted by dios on Mar 3, 2014 - 47 comments

SCC Strikes Down Prostitution Laws

The Supreme Court of Canada has struck down Canada's prostitution laws saying that bans on street soliciting, brothels and people living off the avails of prostitution are arbitrary and create severe dangers for vulnerable women. [more inside]
posted by modernnomad on Dec 20, 2013 - 39 comments

New Mexico Fully Legalizes Same-Sex Marriage

Following the state Supreme Court's decision in Griego v. Oliver [pdf], New Mexico has become the 17th U.S. state to legalize same-sex marriage. [more inside]
posted by jedicus on Dec 19, 2013 - 59 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

25 years later, the Cabinet on abortion

The Canadian Press has released minutes from the Cabinet's discussions of abortion. The conversations began after the Supreme Court of Canada ruled unconstitutional the restrictions on abortion (wiki). [more inside]
posted by Lemurrhea on Nov 18, 2013 - 21 comments

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