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 -
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 -
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 -
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
. (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 -
"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 -
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 -
What happens when a former star of the West Wing's sister decides to run for the Supreme Court of the State of Michigan? This
posted by timsteil
on Sep 20, 2012 -
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
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.
posted by Rhaomi
on Jun 28, 2012 -
Remember Kentucky v. King from last year
? The mis-reported conclusion was that police could enter a home without a warrant to prevent destruction of evidence based on hearing movement after knocking. A week ago the supreme court of Kentucky published
(pdf) its revisiting of the case given instructions from the US supreme court, and found in favor of King (via
): [more inside]
posted by a robot made out of meat
on May 3, 2012 -
In admitting that they have no expertise in running a corrections system, the U.S. Supreme Court ruled today that officers have unfettered authority to conduct full strip searches
of any arrested individual, even for the most minor of offenses and in situations where officers lack any suspicion of contraband. The ruling comes days after the NY Times ran an analysis suggesting that the current supreme court is the most conservative court
in modern history.
posted by GnomeChompsky
on Apr 2, 2012 -
Arrested for speaking out! When does an "open-palm pat on the shoulder" become assault? When it's the Vice President's shoulder, that's when.
The Supreme Court of the United States (previously
) will today hear arguments in the matter of Reichle v. Howards
. [more inside]
posted by gauche
on Mar 21, 2012 -
Mary Brown, a 56-year-old Florida woman who owned a small auto repair shop but had no health insurance, became the lead plaintiff challenging President Obama's healthcare law because she was passionate about the issue.
Brown "doesn't have insurance. She doesn't want to pay for it. And she doesn't want the government to tell her she has to have it," said Karen Harned, a lawyer for the National Federation of Independent Business. Brown is a plaintiff in the federation's case, which the Supreme Court plans to hear later this month.
But court records reveal that Brown and her husband filed for bankruptcy last fall with $4,500 in unpaid medical bills. Those bills could change Brown from a symbol of proud independence into an example of exactly the problem the healthcare law was intended to address. [more inside]
posted by gerryblog
on Mar 10, 2012 -
"This is an attempt at recovery. This Essay hopes to call attention to then-Professor Ruth Bader Ginsburg’s 1972 merits brief in Struck v. Secretary of Defense. The brief has been underappreciated in part because the Supreme Court of the United States eventually declined to decide the case.” On the 40th anniversary
of the brief's submission, read Reva Siegel's compelling essay
[pdf] on this overlooked brief in which “Ginsburg and the women’s movement talked about pregnancy discrimination in a way that ties together pregnancy discrimination and women’s equality, and women’s equality and reproductive freedom, before the Court split them apart,” and imagine what might have been had the Supreme Court decided Struck v. Secretary of Defense in 1972.
posted by ocherdraco
on Feb 21, 2012 -
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 -
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 -
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 -
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 -
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 -