259 posts tagged with SupremeCourt.
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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


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


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

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

I Now Pronounce You Man and Man

Today, Ruth Bader Ginsburg becomes the first Supreme Court Justice to officiate at a same sex marriage.
posted by Going To Maine on Aug 31, 2013 - 29 comments

The Supreme Court rules on a key part of the Voting Rights Act.

In a 5-4 decision, "The Supreme Court on Tuesday gutted a key part of the landmark Voting Rights Act." [more inside]
posted by MisantropicPainforest on Jun 25, 2013 - 259 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

"If you want to claim the Fifth . . ."

In a 5-4 ruling on Salinas vs. Texas, the SCOTUS ruled that silence can be used in court. (PDF) Without being placed in custody or receiving Miranda warnings, Genovevo Salinas voluntarily answered some of a police officer’s questions about a murder, but fell silent when asked whether ballistics testing would match his shotgun to shell casings found at the scene of the crime. During his trial in Texas state court, and over his objection, the prosecution used his failure to answer the question as evidence of guilt. He was convicted, and both the State Court of Appeals andCourt of Criminal Appeals affirmed, rejecting his claim that the prosecution’s use of his silence in its case in chief violated the Fifth Amendment. Analysis on SCOTUSblog
posted by dukes909 on Jun 18, 2013 - 145 comments

Will take approx none of your sh..

Everyone around the watercooler is talking about supreme court justices. You want to join in, but you just don't have the time to research them! Don't fret! dalmatianparade's Quick Guide to the Supreme Court Justices is here to help!
posted by spiderskull on Apr 8, 2013 - 48 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

Republicans and the unlikely bedfellows of marriage equality

The national Republican Party still continues to oppose same-sex marriage, one of the factors of social conservatism that lost it the youth vote in the 2012 election and may have caused Romney's defeat. Many Republicans, however, have been arguing for a sea change to revitalize the party. They may have found it, in an unlikely appeal that "The party of Lincoln should stand with our best tradition of equality and support full civil marriage for all Americans.". A large number of prominent Republicans have signed onto an amicus brief opposing same-sex marriage bans in the Proposition 8 case currently before the Supreme Court - and some believe that the Republican support may allow the justices the political and legal support to rule for national marriage equality.
posted by corb on Feb 27, 2013 - 111 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

Robert Bork's America

Robert Bork, the conservative jurist at the heart of two political firestorms--in 1973 he carried out the "Saturday Night Massacre" by firing Watergate special prosecutor Archibald Cox, and in 1987 had his nomination for the Supreme Court rejected by the Senate after a combative confirmation hearing--died yesterday. A perennially divisive figure, Bork's passing drew encomiums from the right and condemnation from the left.
posted by Horace Rumpole on Dec 20, 2012 - 88 comments

"Used to be that the idea was 'once every two years voters elected their representatives.' And now instead it's 'every ten years the representatives choose their constituents.'"

Obama won Ohio by two points, and Democratic Sen. Sherrod Brown won by five, but Democrats emerged with just four of Ohio’s 16 House seats. In Wisconsin, Obama prevailed by seven points, and Democratic Senate candidate Tammy Baldwin by five, but their party finished with just three of the state’s eight House seats. In Virginia, Obama and Democratic U.S. Senate candidate Tim Kaine were clear victors, but Democrats won just three of the commonwealth’s 11 House seats. In Florida, Obama eked out a victory and Democratic Sen. Bill Nelson won by 13 points, but Democrats will hold only 10 of the Sunshine State’s 27 House seats. The Revenge of 2010: How gerrymandering saved the congressional Republican majority, undermined Obama's mandate, set the terms of the sequestration fight, and locked Democrats out of the House for the next decade. It's not a new problem. But if the Supreme Court guts the Voting Rights Act, it could get a whole lot worse. And the electoral college may be next. (What's gerrymandering, you ask? Let the animals explain. Meet the Gerry-mander. Peruse the abused. Catch the movie. Or just play the game. Previously.)
posted by Rhaomi on Nov 14, 2012 - 137 comments

Roundup all the farmers

"Farmer Bowman began purchasing Monsanto’s patented seeds in 1999 and, because of the licensing agreement, did not save any of the seed for future planting. But he also bought so-called “commodity” seed from a local grain elevator, which acts as a clearinghouse for farmers to buy and sell seed. But given that more than 90 percent of the soybeans planted in the area were Roundup Ready crops, the elevator’s seed was contaminated with Monsanto’s patented seed. Farmer Bowman planted that commodity seed, which was substantially cheaper to purchase, to produce a second, late-season crop, which is generally more risky and lower yielding. He then used seeds generated in one late-season harvest to help produce subsequent late-season crops. Monsanto sued him for patent infringement, and he lost." [more inside]
posted by sio42 on Oct 11, 2012 - 105 comments

The quality of ownership is not what it was in yesteryear.

On October 29, the U.S. Supreme Court will hear oral arguments in Kirtsaeng v. John Wiley & Sons, Inc., a conflict about “first-sale doctrine”. The doctrine, which has been law in the U.S. since 1908, allows people to buy and then subsequently sell items (books, furniture, electronics, dvds, etc.) without needing additional permission from the copyright holder. Supap Kirtsaeng came to the United States from Thailand to study mathematics and attempted to save money by having his family purchase textbooks in Thailand and ship them to him. After reading up on the first-sale doctrine, Kirtsaeng began to sell these textbooks to others on eBay. He made $37,000, before he was sued by John Wiley, a textbook publisher. A jury found his copyright infringement to be willful. He was ordered to pay $75,000 per work for a total penalty of $600,000. He appealed, and lost at the 2nd Circuit.

The Library Journal notes that if the Supreme Court rules against Kirtsaeng, it could mean the end of public libraries. Marketwatch warns that it means the end of resale as we know it. Hollywood Esq. does the most cogent job of putting this IP fight in perspective of other IP fights before the Court.
posted by dejah420 on Oct 9, 2012 - 213 comments

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