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Keyword: scotus

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  • The Supreme Court Has a Chance to Correct Itself on Unions

    02/25/2018 4:18:15 AM PST · by lowbuck · 17 replies
    NRO ^ | 25 February | George Will
    In Janus v. AFSCME, it could decisively affirm that workers have a right not to compel speech they disagree with. Overturning mistaken decisions is an occasional duty of the Supreme Court, whose noblest achievement was the protracted, piecemeal repudiation, with Brown v. Board of Education (1954) and subsequent decisions, of its 1896 ruling that segregated “separate but equal” public facilities were constitutional. This Monday, the court will hear oral arguments that probably will presage another overdue correction. The issue is: Are Mark Janus’s First Amendment rights of freedom of speech and association (which entails the freedom not to associate) violated...
  • Ruth Bader Ginsburg Thinks Some College Title IX Trials Are Unfair to the Accused

    02/20/2018 3:15:25 PM PST · by nickcarraway · 17 replies
    Reason ^ | Feb. 19, 2018 | Robby Soave|10:29 am
    Supreme Court justice says the #MeToo movement is important, but so is due process.Supreme Court Justice Ruth Bader Ginsburg thinks colleges and universities are violating the due process rights of students facing sexual misconduct charges. The Atlantic's Jeffrey Rosen asked the Court's second-ever female justice for her thoughts on the #MeToo movement. Unsurprisingly, Ginsburg was happy about the increased public attention being paid to the problems of sexual harassment and gender-based inequality in the workplace. But she was also concerned about protecting the due process rights of the accused—particularly on college campuses: Rosen: What about due process for the accused?...
  • Supreme Court Won't Review 10-Day Waiting Period for Gun Purchases, Clarence Thomas Dissents

    02/20/2018 5:12:56 PM PST · by marktwain · 57 replies
    Reason ^ | 20 February, 2018 | Damon Root
    Today the U.S. Supreme Court declined to hear a Second Amendment case challenging California's 10-day waiting period for firearms purchases. Writing in dissent, Justice Clarence Thomas faulted his colleagues for their "inaction" and for turning the Second Amendment into "a disfavored right in this Court." The case is Silvester v. Becerra. It arose when several lawful California gun owners, supported by the Calguns Foundation and the Second Amendment Foundation, filed a lawsuit claiming that the state's 10-day waiting period for firearms purchases is unconstitutional as applied to "those purchasers who already own a firearm or have a license to carry...
  • Supreme Court to decide whether mandatory union dues violate First Amendment rights

    02/19/2018 5:04:56 PM PST · by jazusamo · 25 replies
    The Washington Times ^ | February 19, 2018 | Alex Swoyer
    When Mark Janus got his first paycheck working as a child support specialist for the state of Illinois in 2007, he was stunned to see a nearly $50 deduction for union dues. He had worked for the state in the 1980s and didn’t remember anything like it. “I’m going like, ‘I’m not a member of the union. What’s going on here?’” he said. Worse yet was where he saw the union dues going, such as to efforts demanding wage increases at a time when Illinois was struggling with a crippling pension debt. Now Mr. Janus is taking his case to...
  • How 2 Recent SCOTUS Cases Could Change Police Search and Seizure

    02/16/2018 11:13:02 AM PST · by nickcarraway · 25 replies
    PoliceOne ^ | Feb 2, 2018 | Val Van Brocklin
    How 2 recent SCOTUS cases could change police search and seizureTwo cases recently argued before SCOTUS could narrow or expand warrantless searches – and they could reach back to what police are doing now 2018 started off with a double-feature in the U.S. Supreme Court starring the Fourth Amendment and police authority to search and seize. COLLINS V. VIRGINIA Motorcyclist Ryan Collins whizzed by an officer at 140 mph, eluding efforts to stop him. The officer did get photos and a license plate number. After seeing images of the parked bike on Collins’ Facebook page, the officer tracked it to...
  • Clarence Thomas Decries Victimhood Culture In Rare Public Remarks

    02/16/2018 8:51:16 AM PST · by Beautiful_Gracious_Skies · 11 replies
    Daily Caller ^ | 2/15/2018 | Kevin Daley-Supreme Court Reporte
    Justice Clarence Thomas decried the contemporary culture of victimhood during remarks Thursday, telling an audience at the Library of Congress that constant aggrievement would exhaust the country. Ever a touchstone for controversy on racial issues, the justice related a story from a recent trip to Kansas, where a black college student told him she was primarily interested in school work, and less interested in the political tumult gripping college campuses. “At some point we’re going to be fatigued with everybody being a victim,” he said. Thomas has struck similar chords throughout his public life. He appeared on Laura Ingraham’s Fox...
  • Supreme Court To Have Closed-Door Meeting On DACA

    02/16/2018 7:46:10 AM PST · by Helicondelta · 93 replies
    thehill.com ^ | 02/16/18
    The Supreme Court will hold a closed-door meeting to decide whether to take up a lower court opinion that blocked the White House plan to end the Deferred Action for Childhood Arrivals (DACA) program, a program at the forefront of the debate on illegal immigration. In an unusual move, the nation's highest court will consider the possibility of reviewing the opinion without a ruling from a federal appeals court
  • Gerrymandering, a Tradition as Old as the Republic, Faces a Reckoning

    09/29/2017 1:20:37 PM PDT · by SMGFan · 15 replies
    MSN /Wall Street Journal ^ | September 29, 2017
    ....In 2010, a nationwide Republican wave swept the GOP into the Wisconsin governor’s mansion and legislature, giving the party the power to redraw the state’s electoral map for the first time in half a century. The result transformed Mr. Mason’s political life. The new District 62 separated him from most of his old constituents in Racine, Wis., and swept in rural and conservative precincts from elsewhere. He was stuck in a red district with just a comma-shaped sliver of blue. .............. Republicans engineered similar moves across Wisconsin, erecting a firewall that helped protect the GOP’s majority of 60 seats in...
  • Commission That Attacked Christian Baker Faces Defunding

    02/10/2018 11:18:58 AM PST · by Mafe · 19 replies
    World Net Daily ^ | February 10, 2018 | Bob Unruh
    A state commission in Colorado that punished Masterpiece Cakeshop owner Jack Phillips for refusing to use his artistry to promote same-sex marriage could be eliminated. Future funding for the Colorado Civil Rights Commission, where one member even likened Christians to Nazis, failed in a vote in the state’s Joint Budget Committee. State Sen. Kevin Lundberg, R-Berthoud, tweeted that the decision came down to a party-line vote that tabled plans to continue sending money to the commission. “My argument against approving their funding today is we need to wait and see what the legislature does with the renewal of the law...
  • Devin Nunes May Summon Chief Justice To Testify On FISA Abuses

    02/08/2018 6:04:06 PM PST · by bitt · 121 replies
    Daily Caller ^ | 2/8/2018 | Kevin Daley
    GOP Rep. Devin Nunes of Calif., chair of the House Permanent Select Committee on Intelligence, may invite Chief Justice John Roberts to testify before the panel on alleged FISA abuses. Nunes told radio host and Republican wise man Hugh Hewitt Thursday that committee Republicans have entertained the idea, as Roberts appoints all FISA judges, but cautioned no decision has yet been made. Hewitt and Nunes discussed the idea in connection with the committee’s memo on the secret intelligence courts, which alleged the FBI sought authorization to surveil President Donald Trump’s campaign aides on the basis of political opposition research. “Now...
  • Supreme Court's conservatives appear set to strike down union fees on free-speech grounds

    02/08/2018 7:01:41 PM PST · by SpeedyInTexas · 78 replies
    LA Times ^ | 2/8/2018 | David G. Savage
    Paying union dues and baking a wedding cake may not seem like classic examples of free speech—except perhaps at the Supreme Court. This year, the high court is poised to announce its most significant expansion of the 1st Amendment since the Citizens United decision in 2010, which struck down laws that limited campaign spending by corporations, unions and the very wealthy.
  • Dreamers Lawyer Up in Anticipation of Supreme Court Contest

    02/08/2018 4:53:41 PM PST · by Cheerio · 25 replies
    Western Journalism ^ | February 8, 2018 | Kevin Daley
    Two groups leading the legal fight to defend the Deferred Action for Childhood Arrivals program have retained the country’s most powerful law firms to protect DACA at the Supreme Court. That the DACA case would attract top legal talent is not surprising, especially since the litigation has reached a critical stretch. The University of California, which sued to stop DACA’s termination in Sept. 2017, hired Covington & Burling’s Robert Long, while Gibson, Dunn & Crutcher’s Ted Boutrous was retained to represent six DACA recipients who are individually suing the administration. Long and Boutrous are veteran Supreme Court advocates who have...
  • Court allows Pennsylvania to redraw GOP-favored district map

    02/05/2018 3:43:02 PM PST · by oxcart · 14 replies
    Associated Press ^ | 02/05/18 | MARK SCOLFORO and MARK SHERMAN
    The U.S. Supreme Court on Monday let a court-ordered redrawing of congressional districts in Pennsylvania proceed, raising Democratic hopes that a revamped map might yield them several more seats this fall. Justice Samuel Alito, who handles emergency appeals from Pennsylvania, rejected the request from GOP legislative leaders and voters to put on hold an order from the state Supreme Court intended to produce new congressional districts in the coming two weeks. The Pennsylvania high court ruled last month that the current map of 18 districts violates the state constitution because it unfairly benefits Republicans.
  • Roosevelt announces “court-packing” plan - February 5, 1937

    02/05/2018 12:33:28 PM PST · by Sopater · 14 replies
    On February 5, 1937, President Franklin Roosevelt announces a controversial plan to expand the Supreme Court to as many as 15 judges, allegedly to make it more efficient. Critics immediately charged that Roosevelt was trying to “pack” the court and thus neutralize Supreme Court justices hostile to his New Deal. During the previous two years, the high court had struck down several key pieces of New Deal legislation on the grounds that the laws delegated an unconstitutional amount of authority to the executive branch and the federal government. Flushed with his landslide reelection in 1936, President Roosevelt issued a proposal...
  • In blow to GOP, Supreme Court won’t block PA redistricting

    02/05/2018 9:52:17 AM PST · by GIdget2004 · 40 replies
    AP ^ | 02/05/2018 | AP
    The Supreme Court is allowing a court-ordered redrawing of congressional districts in Pennsylvania to proceed, denying a plea from Republicans to block it. Justice Samuel Alito on Monday rejected emergency appeals from Republican legislative leaders and voters to block an order from the state Supreme Court to devise new congressional districts. The state high court ruled last month that the 18 districts violated Pennsylvania’s constitution because they unfairly benefited Republicans. The state court gave lawmakers and Democratic Gov. Tom Wolf three weeks to submit a replacement plan, after which the state justices might draw up their own map. The Supreme...
  • Ginsburg: As Long As I Can Do Supreme Court Job ‘Full Steam,’ I Will Be Here

    02/02/2018 4:56:36 AM PST · by kevcol · 39 replies
    Washington Free Beacon ^ | February 1, 2018 | Conor Beck
    She told a story about how she kept finding a new reason to stay on, but can't find a new one after being "the longest sitting Jewish justice and woman." "So, I'm just candid and say as long as I can do the job full steam, I will be here," Ginsburg said to applause.
  • Neil Gorsuch and Samuel Alito Butt Heads Over the Fourth Amendment, Again

    02/01/2018 2:02:40 PM PST · by Sopater · 161 replies
    Reason ^ | Feb. 1, 2018 | Damon Root
    A major split seems to be developing between conservative justices Neil Gorsuch and Samuel Alito over the issue of property rights and the Fourth Amendment.The most recent evidence of this division came on January 9, when the U.S. Supreme Court heard oral arguments in Bryd v. United States. This case arose in 2014, when a woman named Natasha Reed rented a car and allowed her fiancé, Terrence Bryd, to drive it in violation of her rental contract, which listed her as the sole authorized driver. When the state police stopped Bryd for a minor traffic infraction, the officer searched the...
  • Neil Gorsuch Is a Terrible Writer (Slate Author Complains)

    01/30/2018 12:51:21 PM PST · by SeekAndFind · 22 replies
    SLATE ^ | 01/26/2018 | MARK JOSEPH STERN
    Neil Gorsuch is supposed to be a good writer. In fact, he once was: During his tenure on the 10th U.S. Circuit Court of Appeals, Gorsuch produced a number of witty, lucid, and pithy opinions. But since his elevation to the Supreme Court, Gorsuch’s prose has curdled into a glop of cutesy idioms, pointless metaphors, and garbled diction that’s exhausting to read and impossible to take seriously. It may even be alienating the conservative justices whom Gorsuch was supposed to beguile with his ostensibly impeccable reasoning. Consider Gorsuch’s dissenting opinion in Artis v. District of Columbia, a rather arcane case...
  • Did Justice Department FISA Fraud Create U.S. District Court Judge Recusal?…

    01/28/2018 3:03:51 PM PST · by bitt · 30 replies
    CONSERVATIVE TREEHOUSE ^ | 1/28/2018 | SUNDANCE
    On the night of Thursday December 7th, 2017 it was announced that U.S. District Court Judge Rudolph Contreras was recused from the case against General Mike Flynn. This recusal came five days after Judge Contreras accepted the initial pleading from Flynn. Almost two months have passed, and there’s no explanation why? (Reuters) The U.S. District Court for the District of Columbia judge presiding over the criminal case for President Donald Trump’s former National Security Adviser Michael Flynn has been recused from handling the case, a court spokeswoman said on Thursday. (read more) If sufficient judicial conflict existed on December 7th,...
  • Trump White House Preparing To Replace Liberal Supreme Court Justice?

    01/28/2018 7:15:00 PM PST · by mairdie · 297 replies
    DCWhispers ^ | January 28, 2018 | DCWhispers
    Whispers are rampant throughout D.C. that a vacancy is imminent on the U.S. Supreme Court - one that is currently taken by one of the most liberal members of the Court. It has the Trump White House giddy over the prospect of potentially and forcefully shifting the balance of power on the Court while Democrats in Congress are said to be warning White House staff of a prolonged and brutal fight should President Trump attempt to replace a liberal Justice with a hardline-conservative nominee. The reason for the Justice's alleged departure is said to be "ongoing illness/physical limitations." The first...