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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

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 - 34 comments

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

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

"A Maryland boat was sent to the bottom by the Virginian navy, and a long contest was the result..." Hostility between Maryland and Virginia began the moment Maryland was created in 1632. Virginia objected to the Catholic nature of the new colony, as well as the unusual border which gave Lord Baltimore's colony ownership of all the Potomac River. Disputed maritime borders lead to conflict over the prized oyster, and naval confrontation on the Chesapeake became common. Maryland eventually created an Oyster Navy, which was charged with bringing order to the Bay and enforcing harvesting laws against the oyster pirates. The "Oyster Wars" were frequently violent. [more inside]
posted by spaltavian on Dec 17, 2011 - 20 comments

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 - 77 comments

We have explained that the matching funds provision substantially burdens the speech of privately financed candidates and independent groups. ... We have explained that those burdens cannot be justified by a desire to “level the playing field.” In a 5-4 decision, the U.S. Supreme Court has struck down an Arizona law that provided public funds to candidates who have been outspent by either private funding or independent spending. Link to PDF of full decision. [more inside]
posted by gerryblog on Jun 27, 2011 - 105 comments

Two weeks ago, the Wisconsin Supreme Court voted 4-3 [video] to reinstate the controversial anti-union Budget Repair Bill, which a district judge had declared void due to a law requiring 24 hours' public notice of meetings. The Supreme Court's deliberations were heated. The liberal Justice Ann Walsh Bradley now says that after she asked conservative Justice David Prosser to leave her office, he put his hands around her neck in a choke-hold. Justice Prosser denies the allegation. [more inside]
posted by East Manitoba Regional Junior Kabaddi Champion '94 on Jun 26, 2011 - 160 comments

The Supreme Court has unanimously ruled that a class-action gender-discrimination lawsuit against Wal-Mart cannot go forward as the class of plaintiffs affected is "too large." All Things Considered summarized the facts of the case last March; Lyle Denniston at SCOTUSblog reported on the key issue of "class commonality" during oral arguments. The full opinion, authored by Antonin Scalia, is here. Previously.
posted by gerryblog on Jun 20, 2011 - 125 comments

The Supreme Court of Canada ruled today, in a 6-3 decision, that a person cannot give advance consent to sexual activity while unconscious. [more inside]
posted by greatgefilte on May 27, 2011 - 109 comments

Conditions in California’s overcrowded prisons are so bad that they violate the Eighth Amendment’s ban on cruel and unusual punishment, the Supreme Court ruled on Monday, ordering the state to reduce its prison population by more than 30,000 inmates. [more inside]
posted by Mister Fabulous on May 23, 2011 - 236 comments

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 - 305 comments

Brazil's supreme court recognises same sex unions. The Brazilian Supreme Court voted 10-0 (one abstention) yesterday to recognise same-sex civil unions as of equal legal validity to marriage/ with "stable" same-sex couples now able to gain certificates that allow access to equal legal rights. "Discrimination generates hatred," said Justice Carlos Ayres Britto, who wrote the ruling. [more inside]
posted by jaduncan on May 8, 2011 - 42 comments

Waukeshocker! After Tuesday's painfully close, still undecided Supreme Court race between JoAnne Kloppenburg and David Prosser, Republicans warned that partisan election officials in certain municipalities might conveniently find bushels of extra uncounted votes after the fact. It has come to pass -- but the extra votes were found in deep-red Waukesha County, represnting the entire city of Brookfield, and give GOP favorite David Prosser a probably insurmountable 50.2%/48.8% lead. Waukesha County Clerk Kathy Nickolaus's policy of storing election returns on a personal computer in her office with no backup was criticized last August. Nate Silver says the new numbers look reasonable.
posted by escabeche on Apr 7, 2011 - 255 comments

Library Rights Are at Stake in New Supreme Court Copyright Case Article by Marc Parry appeared in: "Chronicle of Higher Education" March 8, 2011, 4:12 pm Does Congress have the right to restore copyright protection to foreign works that have fallen into the public domain? That issue is at the heart of a major copyright case that the Supreme Court agreed to hear yesterday. Its resolution could have implications for libraries’ ability to share works online, advocates say.
posted by naight on Mar 9, 2011 - 27 comments

Today the Supreme Court in ruled 8-0 in FCC v. ATT that corporations have no "personal privacy" exemption under the Freedom of Information Act. The opinion ended the speculation that the Supreme Court would use this case to take yet another step towards equating corporations with actual people. For links to the various briefs, lower court decisions, and a summary of the underlying facts and opinion, visit the SCOTUSblog. [more inside]
posted by Muddler on Mar 1, 2011 - 93 comments

Sotomayor, Kagan shift Supreme Court debates to the left. The liberal wing is no longer drowned out by Scalia and his fellow conservatives during oral arguments.
posted by East Manitoba Regional Junior Kabaddi Champion '94 on Dec 27, 2010 - 35 comments

The death penalty in America is “a strange social fact that stands in need of explanation.” John Paul Stevens served as Associate Supreme Court Justice from 1975 to 2010 and became a beacon for progressive and liberals. Here he writes on the death penalty, reviewing David Garland’s new book Peculiar Institution: America’s Death Penalty in an Age of Abolition.
posted by JL Sadstone on Dec 15, 2010 - 55 comments

A Federal Judge in Virginia has ruled the mandate in the recently passed Affordable Health Care Act unconstitutional. This unlikely result means that the Supreme Court will be in the position to decide whether or not all or part of the health care reform remains intact. Some argue this development may reflect the success of broad-reaching Republican efforts in recent years to tilt the political alignment of the Federal judiciary. Others, naturally, disagree.
posted by saulgoodman on Dec 13, 2010 - 205 comments

The case “touches issues of far-reaching significance,” Justice Anthony M. Kennedy wrote. Then he explained why the court would decide none of them. A definitive ruling should be avoided, he said, because “it might have implications for future cases that cannot be predicted.” [more inside]
posted by kipmanley on Nov 19, 2010 - 22 comments

Canadians do not have the right to a lawyer when being interrogated by the police. [more inside]
posted by twirlip on Oct 8, 2010 - 79 comments

Elena Kagan appointed to the supreme court. [Who Runs Govt Profile]
posted by blue_beetle on Aug 5, 2010 - 73 comments

The Supreme Court has affirmed the Ninth Circuit Court of Appeals in Doe v. Reed (R-71 case) but don't celebrate yet. The Court rejected (.pdf format) the general claim that release of initiative petitions violates petition signer's First Amendment rights. But the Court's 8-1 ruling did not reach the petitioner's specific assertions that they will be harassed or harmed if their signatures are released in this case. That claim returns to the federal district judge who first issued the injunction against releasing names. Hence, the names of signers remain unrevealed at this time.
posted by bearwife on Jun 24, 2010 - 92 comments

The Sunshine Foundation, a non-profit group dedicated to government transparency & accountability, has obtained Supreme Court nominee Elena Kagan's emails from her time in the Clinton White House & made them available in a handy web application. Browse, read, search & mark those you find interesting for others to read.
posted by scalefree on Jun 23, 2010 - 26 comments

Court Affirms Ban on Aiding Groups Tied to Terror. "In a case pitting free speech against national security, the Supreme Court on Monday upheld a federal law (PDF) that makes it a crime to provide 'material support' to foreign terrorist organizations, even if the help takes the form of training for peacefully resolving conflicts."
posted by homunculus on Jun 22, 2010 - 59 comments

The U.S. Supreme Court has ruled unanimously against a fourth amendment claim of a right against an employer search of texts on a work pager. The decision, City of Ontario v. Quon, rejected the claims, by the officer and by others who texted him on the device, that the employer city and the city's service provider violated their rights by reviewing transcripts of the text messages. Justice Kennedy's decision assumed the officer had a reasonable expectation of privacy. However, he said, the city’s search was not unduly intrusive. There was a “legitimate work-related purpose” for the audit, Justice Kennedy wrote. The city “had a legitimate interest in ensuring that employees were not being forced to pay out of their own pockets for work-related expenses, or on the other hand that the city was not paying for extensive personal communications.” Interestingly, the officer's direct supervisor had told him that he could use the pager for personal messages, as long as he paid their cost. Kennedy nonetheless opined for the Court that he likely only had a "limited privacy interest." The Court did not reach the question of whether there is an employee privacy interest in email on work servers, or conversations on work telephones.
posted by bearwife on Jun 17, 2010 - 58 comments

Sexual Assault Nurse Examiners (SANEs) are registered nurses who have special training and experience in forensic evidence collection (conducting “rape kits”) and survivor-centered care. They also increasingly conduct forensic examinations on suspects accused of sexual assault(PDF). There is evidence that, through this work, SANE programs increase the prosecution rates of sexual assault cases. However, as a result of a recent Supreme Court Case, Crawford v. Washington, the role of SANEs is being increasingly curtailed(behind a pay wall). [more inside]
posted by emilyd22222 on Jun 16, 2010 - 57 comments

Supreme Court Blocks Arizona Campaign Finance System. After it's recent highly controversial ruling in Citizens United Vs. Federal Election Commission, which struck down longstanding Federal limits on corporate political spending (discussed previously here and here on the blue), the court now seems poised to strike the last nail in the coffin of the possibility of public campaign finance reform by considering arguments over the constitutionality of public financing of political campaigns. [more inside]
posted by saulgoodman on Jun 8, 2010 - 51 comments

Yesterday, in a highly split decision with six separate opinions, the United States Supreme Court overturned a Ninth Circuit ruling in Salazar v. Buono. The issue at hand? Whether the location of the Mojave Memorial Cross represented an unconstitutional endorsement of religion. The Ninth Circuit decided that it did, but its ruling has been called into question by the high court on several levels. [more inside]
posted by Riki tiki on Apr 29, 2010 - 114 comments

Now that Stevens, a Northwestern Law grad, is retiring, all eight remaining Supreme Court justices hail from either Harvard or Yale law school. Is it time for some educational diversity on the court? Many think the court needs to expand its educational horizons. Complaints aren’t limited to the Justices themselves. Both Congress and Justice Thomas are concerned with a lack of different educational backgrounds among the clerks.
posted by HabeasCorpus on Apr 15, 2010 - 42 comments

US Supreme Court Chief Justice told law professor and commentator Jeffrey Rosen, “I think it’s bad, long-term, if people identify the rule of law with how individual justices vote.” He expressed his intention to help steer the Court away from 5-4 decisions. Now, three years later, Rosen argues that Roberts has been an activist, combative chief justice, willing to risk confrontations with the other branches of government and public opinion.
posted by ibmcginty on Mar 2, 2010 - 75 comments

FantasySCOTUS. For the Tenth Justice in all of us.
posted by OmieWise on Feb 26, 2010 - 15 comments

On September 20, the U.S. Supreme Court will hear argument from a defendant convicted in 1993 by an all white jury in Grand Rapids, Michigan. The issue is whether the county's system of jury selection violated the defendant's Sixth Amendment right to be tried by a jury drawn from a fair cross section of the community. At the time of the 1990 census, African Americans composed 7.8% of eligible jurors in Kent County and 18.1% of eligible jurors in Grand Rapids. The defendant asserts, however, that they were routinely excused. All briefs can be reviewed here. Unless the Court chooses to decide the case on purely procedural grounds, it could set precedent with a significant impact on daily local jury selection.
posted by bearwife on Jan 15, 2010 - 78 comments

Has the Supreme Court become too Catholic?
posted by jefficator on Dec 10, 2009 - 123 comments

The Supreme Court has taken review in a case in which a law school barred a Christian legal group which apparently excludes non-Christian and LGBT students. The Hastings Christian Fellowship, a chapter of the Christian Legal Society, lost its official recognition as a student organization when it wouldn't agree to accept members and officers "regardless of their religion or beliefs about homosexuality" and ran afoul of the Hastings Law School's anti discrimination policy. The HCF sued and lost in district court and the 9th Circuit, which issued a two line order finding the law school's policy reasonable and content neutral. The 7th Circuit, by contrast, ruled in 2006 that such exclusion of the CLS by the Southern Illinois University law school violated the Society's free speech and expressive association rights. Today the Supreme Court, after some dithering, has accepted review of the case.
posted by bearwife on Dec 7, 2009 - 95 comments

The Supreme Court is hearing arguments on the appeal of two "math geeks" who were denied a patent for a business method they developed for utility companies. This is one of the most watched cases of the Supreme Court term, drawing some 67 briefs. Although the patent office has recognized that business methods can be patented, it is not clear whether patents, developed to protect innovations like machines and transformative processes, are available for 21st century inventions such as software.
posted by bearwife on Nov 9, 2009 - 98 comments

Beginning Sunday, October 4 it's Supreme Court Week on C-SPAN! [more inside]
posted by IvoShandor on Sep 30, 2009 - 9 comments

Curt Flood's suit of Baseball. In 1970, baseball's best center fielder, Curt Flood filed a lawsuit against Major League Baseball and its reserve clause.
posted by klangklangston on Sep 15, 2009 - 61 comments

Theodore Olson was the 42nd United States Solicitor General, serving from June 2001 to July 2004. He also was attorney general during the Ronald Reagan administration, where he defended Reagan during the Iran-Contra affair. He appeared before the Supreme Court fifty-five times as solicitor general, most recently arguing Bush's side in the case Bush V. Gore which decided the outcome of the 2000 election. He is a member of the Federalist Society, which seeks to reform constitutional law to bring it more in line with an originalist interpretation of the constitution, and was on the board of The American Spectator magazine. But his current case, which he says could be the most important case of his career, has many fellow conservatives scratching their heads. Because Theodore Olson is going to argue before the Supreme Court in favor of overturning California's Proposition 8 and thus legalizing same-sex marriage.
posted by EmpressCallipygos on Aug 19, 2009 - 57 comments

Today began Judge Sonia Sotomayor's Senate confirmation hearings, with opening remarks from the Senators on the Judiciary Committee, introductions from NY Senators Schumer and Gillibrand, and an opening statement from Judge Sotomayor herself. Among the shouted protests from pro-life advocates in the gallery, highlights included Sen. Lindsay Graham's statement about what he thinks the advise-and-consent function of the senate should entail, and Sen. Al Franken's first real moment in the U.S. Congress.
posted by Navelgazer on Jul 13, 2009 - 86 comments

Today, on the last day of this year's term, the Supreme Court of the United States issued its opinion in Ricci v. DeStefano, the latest in the Court's line of decisions on Title VII and the role of race in employment decisions. The famous case centers on white firefighters' claims of race discrimination following the town of New Haven's decision to scuttle a promotion exam after white test takers performed disproportionately better than black firefighters. [more inside]
posted by Law Talkin' Guy on Jun 29, 2009 - 89 comments

In an 8-1 ruling, the Supreme Court ruled Thursday that school officials violated an Arizona teenager's rights by strip-searching her for prescription-strength ibuprofen, declaring that U.S. educators cannot force children to remove their clothing unless student safety is at risk. Clarence Thomas demurred, suggesting that panties would become the new drug underground.
posted by dejah420 on Jun 25, 2009 - 62 comments

Ed Whelan, a lawyer and conservative law pundit at National Review has been making the rounds criticizing Sopreme Court nominee Sonia Sotomayor, largely for her statements regarding judges making policy. publius, a pseudonymous legal blogger, wrote a harshly critical post of Whelan's behavior, accusing him of being a willing stooge of the right-wing - a "legal hitman"

In response Whelan outed publius, publishing his identity on the National Review website. publius added his side of the story. It's also worth reading Volokh's take on the original policy debate, which publius and Whelan each use in defense of their position
posted by crayz on Jun 7, 2009 - 117 comments

Proposition 8 Upheld by CA Supreme Court. In crushing blow to marriage equality, the California Supreme Court has affirmed the validity of Proposition 8 today's ruling (PDF). [more inside]
posted by CaptApollo on May 26, 2009 - 419 comments

When President Obama says he's looking for a judge with the "quality of empathy" to replace retiring Supreme Court Justice David Souter, is it code for a female judge? In the two decades since Bertha Wilson famously asked Will Women Judges Really Make A Difference? (mms), the answer has come back as a resounding yes (studies: 1 (pdf), 2) -- and no (studies: 1 (pdf), 2). But either way, is choosing judges based on supposed gender qualities ever a good idea?
posted by hayvac on May 21, 2009 - 64 comments

Supreme Court Enters the YouTube Age. Previous posts have shown that video is a powerful tool. Now The Supreme Court views video evidence through it's eyes. Most but not all are ready to let the video speak for itself. [more inside]
posted by pianomover on Mar 2, 2009 - 25 comments

The previously-mentioned Summums want to place their own monument in a park which contains the Ten Commandments, making the Supreme Court's heads explode in a a hilariously weird oral argument[pdf]: "Scalia: I don't know what that means. You keep saying it, and I don't know what it means. [...] Breyer: Suppose that there certain messages that private people had like "eat vitamins"—and then somebody comes along with a totally different content, "ride the roller coaster," and they say this part of the park is designed to get healthy children, not put children at risk." [more inside]
posted by Non Prosequitur on Nov 13, 2008 - 116 comments

The current FCC case [PDF] before the U.S. Supreme Court presents a fascinating dilemma for the judges: how do you respectfully discuss the legality of profane words in the nation's highest court? And for reporters: how do you report on the specifics of the case? It seems decisions vary across publications: NYT, Washington Post (reg req), LA Times, Wall Street Journal, Slate, The Atlantic, Bloomberg, AP, McClatchy. As for the judges themselves, they opted to allow only substitute terms. PDF transcript with word count at bottom. Background.
posted by Tehanu on Nov 6, 2008 - 26 comments

"Officer Sean Devlin, Narcotics Strike Force, was working the morning shift. Undercover surveillance. The neighborhood? Tough as a threedollar steak. Devlin knew. Five years on the beat, nine months with the Strike Force. He’d made fifteen, twenty drug busts in the neighborhood." Dashiell Hammett? Raymond Chandler? Nope. Chief Justice John Roberts (pdf).
posted by Knappster on Nov 4, 2008 - 16 comments

The Supreme Court today issued a one line statement refusing to hear Troy Davis' appeal. Troy Davis was convicted of the 1989 murder of a police officer in Savannah, GA, and sentenced to death solely on eyewitness testimony. No murder weapon or any physical evidence linked him to the crime. Since the conviction, seven of the nine witnesses have recanted or changed their stories, and one of the two who haven't changed their stories is the other suspect in the case. Things were looking good for Davis when the Supreme Court issued a stay two hours before his execution last month. Justice may really be dead in this country.
posted by x_3mta3 on Oct 14, 2008 - 60 comments

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