Free Republic

I will say no to those who want to remove the moral pillars that have served our society and all societies over the millennia. Over the course of its history the Supreme Court has made some very bad decisions and the decision to declare abortion legal ranks high among them. On January 22, 1973, in Roe v. Wade the Court interpreted the due process clause of the 14th Amendment to extend a right of privacy to a woman’s decision to have an abortion prior to the third trimester of pregnancy. There have been 57.5 million abortions since 1973—42 years—when the...

I’ve long been skeptical of claims that justices in religious freedom cases — and especially devoutly Christian justices, such as Justice Antonin Scalia — are biased in favor of Christians in religious exemption cases. To be sure, justices are people, and people have biases, usually in favor of their own groups. But justices also know quite well that their opinions will affect many more cases, including cases brought by other religious groups. I’m also skeptical of trying to prove such biases simply by counting cases. Different cases involve different legal issues, and — especially when you have only a few...

Thirty years ago, the practice of Civil Asset Forfeiture was implemented by the federal government as a means of confiscating cash and assets, principally from drug dealers. But since 9/11, this method of punishing criminals has been used to literally steal billions in legally owned wealth from law abiding Americans. In 2008, the Department of Justice began emphasis on that part of the Asset Forfeiture law called Equitable Sharing, a scheme whereby money confiscated from citizens–usually by police–would be divided between state and federal governments. Legal permission for this extraordinary method of “profit sharing” was provided in the Comprehensive Crime...

High court to hear gay marriage cases in April Associated Press WASHINGTON (January 16, 2015) — Setting the stage for a potentially historic ruling, the Supreme Court announced Friday it will decide whether same-sex couples have a right to marry everywhere in America under the Constitution. The justices will take up gay-rights cases that ask them to overturn bans in four states and declare for the entire nation that people can marry the partners of their choice, regardless of gender. The cases will be argued in April, and a decision is expected by late June. Proponents of same-sex marriage said...

During his breaking news coverage of the Supreme Court’s decision to hear four different cases challenging same-sex marriage bans in four different states this term — Kentucky, Michigan, Ohio, and Tennessee — Fox News’ Shepard Smith compared the remaining resistance to marriage equality in this country to those who wanted to keep segregation intact during the Civil Rights Movement. “Not in every case, but in most cases, the same states which were fighting integration are fighting this as well,” Smith said. “Those states which always seem to be behind the curve for reasons which are explainable and understandable. Those are...

The issue of whether political speech is more important than religious speech was heard by the U.S. Supreme Court in oral arguments Monday in a case involving a small church that is suing an Arizona town over a sign display code they believe violates their rights. Justices of the U.S. Supreme Court appeared to favor Good News Community Church and its pastor Clyde Reed over the town of Gilbert's restrictions on religious roadside signs. During the arguments, a couple attorneys wondered if Gilbert's code on roadside signs placed political speech above religious speech. Reed and his congregation were represented by...

About seven out of every eight Obamacare insurance customers who enrolled between November 15 and mid-December are poor enough to qualify for taxpayer-funded subsidies designed to lower their monthly premiums. The Department of Health and Human Services reported that number Tuesday, saying it's up from 80 per cent a year ago. Americans who participate in government-brokered medical insurance can get subsidies from the federal treasury if their households earn less than four times the government's official 'poverty' level. That situation describes 64 per cent of all U.S. residents, according to the Kaiser Family Foundation. But far more are qualifying, suggesting...

Recent news coverage concerning Obamacare’s legal difficulties has been dominated by King v. Burwell, which challenges the controversial IRS decision to issue subsidies and penalties through federally created insurance exchanges in 34 states that refused set up PPACA “marketplaces.” The Supreme Court announced last month that it would take up King, and it will hear oral arguments in March. The alacrity with which the Court took up the case, upon which it will hand down a ruling in June, has rendered the law’s supporters nearly hysterical. But King is by no means the only legal threat Obamacare will face next...

The Supreme Court is poised for a blockbuster year in 2015—and the list of high-profile cases could keep growing. Already, the Court is set to rule in a case that threatens to wreak havoc on Obamacare. The justices are also considering questions of religious freedom, free speech, and limits on political fundraising. That mix of cases poses big risks for liberals, who were caught off guard by the Court's enthusiasm for another high-stakes Obamacare battle. And under Chief Justice John Roberts, the Court has steadily chipped away at campaign-finance limits. But Republican governors and social conservatives also have a lot...

During the past several years, the expected signing by the Obama Administration of the United Nations Arms Trade Treaty (ATT) has raised the serious question among gun owners of whether the terms of a treaty can take precedence over the rights secured by the Constitution or the laws of the land which derive from it. That is, can our inalienable rights be undone by International Law? Secretary of State John Kerry signed the ATT last year and the Treaty entered into force—took effect—two days ago on Christmas Eve. Apostles of one world government have endeavored to convince the American people...

Another step has been taken to restore second amendment rights to the position that they held before the modern assault on the Constitution.   It is an important case because it establishes the precedent that your second amendment rights cannot be permanently removed for a temporary condition; and that the proper level of scrutiny in the court is the highest accorded to fundamental constitutional rights, that  of strict scrutiny.  From the opinion of the court, pdf file: BOGGS, Circuit Judge. This case presents an important issue of first impression in the federal courts: whether a prohibition on the possession of...

I want to second Jonathan’s take on the lawsuit brought by Oklahoma and Nebraska to enjoin the operation of Colorado’s marijuana regulations. Much as I respect Oklahoma’s Attorney General Scott Pruitt, I think this suit lacks merit. Among other vices, it seriously misreads the Supreme Court’s decision in Gonzales v. Raich, which I litigated on behalf of Angel Raich and Diane Monson from the filing of the complaint to the oral argument in the Supreme Court. The Court in Raich ruled that Congress had the power to criminalize the noncommercial and wholly intrastate cultivation, possession and transfer of marijuana notwithstanding...

Police can use evidence seized during a traffic stop even if it turns out the officers initially pulled a car over based on a misunderstanding of the law, the Supreme Court ruled Monday. The 8-1 decision written by Chief Justice John Roberts said that such a stop does not violate the Constitution’s protection against unreasonable searches. The ruling came in a North Carolina case in which a police officer pulled over Nicholas Heien’s car because the right brake light was out, although the left one still worked. A consensual search led to the discovery of cocaine in the trunk. A...

HEIEN v. NORTH CAROLINA Syllabus HEIEN v. NORTH CAROLINA ( ) 367 N. C. 163, 749 S. E. 2d 278, affirmed. Syllabus [HTML] [PDF] Opinion, Roberts [HTML] [PDF] Concurrence, Kagan [HTML] [PDF] Dissent, Sotomayor [HTML] [PDF] NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued.The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader.See United States v. Detroit Timber & Lumber Co., 200 U. S. 321. SUPREME COURT...

  Service Birth     Name, state Assoc. Justice Chief Justice Yrs Place Date Died Religion Antonin Scalia, DC 1986–   — N.J. 1936 — Roman Catholic Anthony M. Kennedy, Calif. 1988–   — Calif. 1936 — Roman Catholic Clarence Thomas, DC 1991–   — Ga. 1948 — Roman Catholic Ruth Bader Ginsburg, DC 1993–   — N.Y. 1933 — Jewish Stephen G. Breyer, Mass. 1994–   — Calif. 1938 — Jewish John G. Roberts, DC   2005– — N.Y. 1955 — Roman Catholic Samuel A. Alito, Jr., N.J. 2006–   — N.J. 1950 — Roman Catholic Sonia Sotomayor...

When the chief justice of the U.S. Supreme Court recites lyrics from a rap song about violence and murder, you can bet he's not rehearsing for a shot on "Saturday Night Live." He's inquiring into the redeeming value of the crude and coarsened language of social media in the age of the digital. Chief Justice John Roberts quoted the lyrics of rapper Eminem's popular rap about a man who killed his ex-wife and described the murder to their young daughter, whose help he seeks in getting rid of mommy's body: "Da-Da, make a nice bed for mommy at the bottom...

...Ruth Bader Ginsburg left the hospital yesterday after having a heart stent implanted and expects to be back at work Monday. Despite various health issues over the years, Ginsburg insists that she is still of sound body at age 81 (her mind isn’t in question) and has no plans to retire before the end of President Obama’s term to ensure a Democratic replacement. If she keeps to that pledge, and presuming there are no other retirements in the next two years, the makeup of the Supreme Court could be a bigger campaign issue in 2016 than ever before.

Supreme Court Justice Ruth Bader Ginsburg was admitted to hospital on Wednesday where she underwent heart surgery to address a blockage in her right coronary artery. “The coronary blockage was discovered after Justice Ginsburg experienced discomfort during routine exercise last night and was taken to the hospital,” read a statement on her condition. “She is resting comfortably and is expected to be discharged in the next 48 hours.”Now, health scares like these are nothing to joke about, and all our readers surely wish “The Notorious R.B.G.” well. That having been said, it would be dishonest to not note the...

Supreme Court Justice Ruth Bader Ginsburg underwent heart surgery Wednesday morning after experiencing discomfort during exercise, the court said. Ginsburg, 81, had a stent placed in her right coronary artery at MedStar Washington Hospital Center. She was resting comfortably and was expected to be discharged within 48 hours, the court said.

WASHINGTON—The U.S. Supreme Court on Tuesday agreed to review the first-ever national environmental standards requiring power plants to reduce emissions of mercury and other toxic air pollutants, saying it would decide whether the government should have considered how much the rules would cost utilities. The court’s action extends a saga that dates back more than two decades. Congress first required the Environmental Protection Agency to issue regulations in 1990, but the agency’s efforts had been stalled for years because of several factors, including lengthy court battles. The EPA rules, adopted in 2012, require coal and oil-fired power plants to cut...