At 11am Eastern time, President Obama will nominate Merrick Garland, the chief judge of the U.S. Court of Appeals for the District of Columbia, to the Supreme Court. Judge Garland is a centrist who was previously considered by the President for SCOTUS nomination in 2010, during the selection process which gave us Justice Sotomayor. He is reportedly "well known, well respected, and tremendously well liked in Washington legal circles; even Republicans have nice things to say about him." [more inside]
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"
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]
The Obama Brief: The President considers his judicial legacy. (SL New Yorker)
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]
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.
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.
"The Justices all sit in high-backed leather swivel chairs, and Thomas has set his so that he can recline so far that he appears almost to be lying down. He stares at the ceiling. He rubs his face. He does not appear to be listening. He closes his eyes and sometimes appears to be asleep. The over-all effect is rude, if not contemptuous." The New Yorker profiles Justice Clarence Thomas, his wife Ginni's Tea Party connections and what they might mean for the inevitable SCOTUS ruling on Obama's Patient Protection and Affordable Care Act, and looks back on his confirmation hearings. Previously, Justice Thomas and Ginni; Obama and healthcare; SCOTUS.
The latest attempt to mitigate the impact of the Citizens United decision has failed, with an attempt to pass transparency rules for corporations funding political advertising failing to reach cloture. Obama comments on this vote in his most recent weekly address. Citizens United v Federal Election Commission (2010) held that corporate funding of independent political broadcasts in candidate elections cannot be limited under the First Amendment. [more inside]
The New York Times is reporting that President Obama will nominate Judge Sonia Sotomayor as Justice David Souter's replacement on the Supreme Court. Sotomayer, currently a judge in the Second Circuit Court of Appeals, will (if confirmed by the Senate) be only the third female and the first Hispanic Supreme Court Justice. Tom Goldstein of SCOTUSblog predicted Sotomayer as one of Obama's three most likely candidates back in January.