SCOTUS addressed its first religious freedom case today under Roberts’ stewardship. The vote was unanimous (with Alito not participating since oral arguments took place before he was sworn in). It was actually a no-brainer in my view, and the Bush Administration rightfully lost. A small Brazilian-based religious sect in New Mexico uses hallucinogenic tea as part of a four-hour ritual … Read More
What’s The World Coming To?
Don’t ask me to explain, but it seems fitting that Corretta Scott King should die on the day Alito’s nomination is confirmed by the Senate (58-42)
Satirical Post Of The Year
This is one for the annals of blog history. Publius at Legal Fiction informs us about a recent decision handed down from the Supeme Court, which clarifies the scope of the Commerce Clause: SUPREME COURT OF THE UNITED STATES No. 06-03 United States (Respondent) v. Smith (Petitioner) Justice SCALIA delivered the opinion of the Court: This case presents a question … Read More
Greenberg On The Physician Suidice Case
I said it, but Greenwald said it better when he writes that the assisted suicide case shows the Administration’s true colors: [O]nce the Bush Administration took power, democratic processes in this area ceased to matter. John Ashcroft was hell-bent on putting an end to physician-assisted suicide in Oregon because he personally believes it to be morally wrong, and he wasn’t … Read More
Ayotte Case Decided
I gave the backgrounder on the case back in November. It concerned a parental notification law in New Hampshire, a statute which required notification of parents (or a court order, in the alternative, under certain circumstances) before a teenage girl is allowed to have an abortion. The ruling was somewhat surprising, but the bottom line is that it didn’t alter … Read More
Scalia’s Idea of Morality
I don’t want to get all legal-wonkish here, but Publius notes an interesting comment in Scalia’s dissent in today’s "physician-assisted suicide" case. Scalia wrote: From an early time in our national history, the Federal Government has used its enumerated powers, such as its power to regulate interstate commerce, for the purpose of protecting public morality–for example, by banning the interstate … Read More
Breaking News: SCOTUS Upholds Physician Suicide Law
With all this talk about Alito, people seem to forget that the U.S. Supreme Court is actually in session. CNN is reporting that it just upheld Oregon’s physician-assisted suicide law. Here’s the blurb from SCOTUSBlog: The Supreme Court on Tuesday ruled that the U.S. attorney general does not have the power to bar doctors from prescribing lethal drugs for use … Read More
Liveblogging The Mrs. Alito Hearings
9:00 Specter reconvenes the hearings. Mrs. Alito is once again sitting behind her husband. She’s dressed in black today, and has a black purse on her lap. She clutches it tightly, much like a Nebraskan tourist on the New York City subway. 9:10 Leahy has the floor for 25 minutes. Mrs. Alito closes her eyes. Her lips are moving, as … Read More
Bush: Alito Not Quite Qualified Yet (But Will Be Soon)
I’m not following the Alito hearings much*, but I note in passing that Bush said today that Alito is "imminently qualified" to serve on the high court. Maybe I’m setting the bar too high, but I think we should have nominees who are already qualified. * Firedoglake is doing some blogging coverage of the opening day of hearings. But … Read More
SCOTUS Update: Rumsfeld v FAIR
This is arguably one of the most important cases of this term, and I simply didn’t have time to summarize it before oral arguments today. Below is a summary from the folks at SCOTUSblog. Before I begin, I want to make a prediction that the Solomon Amendment will survive this case. The Court is simply too conservative to let it … Read More
Focus on SCOTUS: Ayotte v. Planned Parenthood of Northern New England
Yup. It’s time once again to look at a major case coming before the Supreme Court, and attempt (inadequately) to translate what the legal issues are, as well as the case’s impact. Tomorrow, the Court will hear arguments in the case of Ayotte v. Planned Parenthood of Northern New England. As you may have guessed, this is an abortion case, … Read More
Pat Did It
Headline from a 2003 news story about Pat Robertson’s plea to change the judiciary: Praying For Supreme Court Shake Up Today’s headline: Pieces Fall From Supreme Court Facade
The Truth About Alito
Well, no more tea leaf reading. The Washington Times has uncovered an Alito document which spells out his positions in black and white: Judge Samuel A. Alito Jr., President Bush’s Supreme Court nominee, wrote that "the Constitution does not protect a right to an abortion" in a 1985 document obtained by The Washington Times. "I personally believe very strongly" in … Read More
Wishful Thinking
L.A. Times: With the Supreme Court nomination process for Judge Samuel A. Alito Jr. on hold until hearings in early January, the Senate Judiciary Committee changed course Wednesday to address whether sessions of the court Alito hopes to join should be televised. Sen. Arlen Specter (R-Pa.), the committee’s chairman, told a hearing that opening the Supreme Court to television coverage … Read More
Younger Alito Liked Privacy Rights, Sodomy
Interesting thing uncovered by the Boston Globe: As a senior at Princeton University, Samuel A. Alito Jr. chaired an undergraduate task force that recommended the decriminalization of sodomy, accused the CIA and the FBI of invading the privacy of citizens, and said discrimination against gays in hiring ”should be forbidden." The report, issued in 1971 by Alito and 16 other … Read More