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."
I just freed an innocent man from death row. And I’m still furious. "Some people expect me to feel satisfied, or even happy. The truth is: I am angry. I am angry that we live in a world where two disabled boys can have their lives stolen from them, where cops can lie and intimidate with impunity, where innocent people can be condemned to die and where injustice is so difficult to bring to light. As I lie awake at night, mulling over the maddening details of this case, I wonder: How many more Henry McCollums are still imprisoned, waiting for help that will never come?" [more inside]
Supreme Court to consider lifting campaign contribution limits. Reversing McCutcheon v. Federal Election Commission would allow unlimited individual campaign contributions.
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]
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.
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]
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]
New Justices, New Rules: How the Supreme Court's Validation of the Federal Partial-Birth Abortion Ban Act Affects Women's Constitutional Liberty and Equality. A two-part FindLaw analysis of Gonzales v. Carhart.
Seizure of land for the public good or unconstitutional cash grab? Originally, the power of eminent domain was used by government to condemn property for the public good, usually to build railroads or highways or bridges. This power has been expanded to redevelop dilapidated neighbourhoods, and ultimately, "economic development" (public good by way of jobs and taxes). What will you do when Pfizer wants to build a research facility *on* your backyard and your government helps them do it? Hint: it's nothing new, just wait for 2008 or 2012 (maybe).
Is the Consitution a "living" document? Following "Scary" Scalia's arguments, the Dread Scott decision was a wise and appropriate one, right?