11:07 – there's this tweet from SCOTUSblog a mere 27 minutes ago: Breaking: 1st update- #prop8 unlikely to be upheld; either struck down or #scotus won’t decide case. More in 30 mins. — SCOTUSblog (@SCOTUSblog) March 26, 2013 What does that mean? Stay tuned. 11:15 — Uh oh Breaking: key vote Kennedy VERY uncomfortable striking down #prop8. Suggests dismissing case. … Read More
Supreme Court Preview: Same-Sex Marriage Cases
Two cases will be heard by the Supreme Court this week, starting tomorrow, which will have an impact (even if it is a wash) on same-sex marriage throughout the country. The first case is a 2008 ballot initiative in California known as Proposition 8, which defines marriage in the state constitution as a legal union of one man and one … Read More
More On Scalia And The Voting Rights Act
From TPM: In expressing his deep skepticism Wednesday for the constitutionality of a centerpiece of the Voting Rights Act, Justice Antonin Scalia questioned the motivations of Congress for repeatedly reauthorizing it since it was initially passed in 1965. “I don’t think there is anything to be gained by any Senator to vote against continuation of this act,” Scalia said during oral arguments in Shelby … Read More
Quote Of The Day
During U.S. Supreme Court oral argument on the constitutionality of a key section of the Voting Rights Act this morning, several justices expressed extreme hostility to the civil rights statute, according to early reports from the courthouse. Justice Antonin Scalia called it “perpetuation of racial entitlement.” That's right. Why should black people be entitled to vote, and why perpatuate it? … Read More
Breaking: Thomas Speaks!
Justice Clarence Thomas did something at a Supreme Court argument today for the first time in nearly seven years — he spoke. Thomas hasn't asked a question in court since February 22, 2006. Unfortunately, it's not clear what he said. A joke of some sort. UPDATE: Relevant portion of transcript….
Breaking: SCOTUS To Review DOMA and Prop 8 Cases
The Supreme Court granted cert in the so-called "Prop 8" case from California. They also decided to hear the appeal of a case testing the constitutionality of DOMA – the Defense of Marriage Act. Section III of DOMA prevents the federal government from treating as married for the purpose of federal law same-sex couples who are legally married under state law. … Read More
Over-reactions From The Excitable Right
UPDATE from Wonkette: Now that poors can get health insurance because the demon Supreme Court sided with that commie muslin NOBAMA fella, the only way to defend our freedom is armed insurrection! Mount up and ride to the sound of the gun says former Michigan Republican Party spokesman Matthew Davis. Matthew Davis, an attorney in Lansing, sent the email moments after the … Read More
Live Blogging The Supreme Court Healthcare Decision
9:46 am: Here is the question before the court, in plain English: Does it violate the Constitution for Congress to require virtually all Americans to obtain health insurance by 2014 or pay a penalty? If the Court's answer is yes, then it has to decide whether just the requirement — the so-called "individual mandate" — is invalid, or whether part … Read More
A Word Of Caution About Today’s ACA Decision from The Supremes
Like Bush v Gore, early out-of-the-box news reports about the decision today are likely to be inaccurate. Not necessarily wrong, but they may not convey the whole truth. There are many aspects to the Affordable Care Act, and the judges may uphold some aspects and reject others. Then there may be disagreements about the remedy, and several opinions from the … Read More
Judge Posner Sticks It To Scalia
Posner, as you may know, is generally regarded even by people who disagree with him often as one of America's great legal thinkers. He was appointed to the 7th Circuit Court of Appeals by none other than Ronald Reagan shortly thereafter, and has been there ever since, where he has usually enlightened and sometimes maddened just about everybody with his … Read More
It Doesn’t Matter What The News Is Today…
…the topic will be the Supreme Court's decision on healthcare, in 24 hours. Recent polling has suggested that 61 percent of Americans oppose the individual mandate. But according to a new NBC News/Wall Street Journal poll, 55 percent of survey respondents said that if the Supreme Court strikes down the mandate, it would “not make much difference either way” to them and their families. … Read More
Campos On Scalia
From Salon, law professor Paul Campos writes about Scalia: Newt Gingrich has been described as a dumb person’s idea of a smart person. I’ve heard the same remark made about Antonin Scalia, and until today I would have said that was unfair. Scalia has always had a taste for over-the-top rhetorical flourishes, as well as an unnecessarily high opinion of … Read More
Scalia “Jumps The Shark”
Justice Scallia raves more against the politicization of the Supreme Court more than any justice in history, and yet, he barely even tries to hide the politics which guide is "objective" legal opinions. It's blatent, as Steve Benen observes: Scalia used the court's ruling on Arizona's anti-immigrant law to condemn President Obama and complain about the administration's enforcement policies. … Read More
Radical Change In U.S. Politics
James Fallows is right: Pick a country and describe a sequence in which: First, a presidential election is decided by five people, who don't even try to explain their choice in normal legal terms. Then the beneficiary of that decision appoints the next two members of the court, who present themselves for consideration as restrained, humble figures who care only … Read More
Obamacare Decision Today?
It's possible, but I suspect not. Anyway, if you're reading this on Monday, June 25 before 10am, the place to be isn't here, but the live blog at SCOTUSBlog. We'll know almost imeediately if they decided on Obamacare. UPDATE: No Obamacare decision today, it looks like. But SCOTUS did reject a Montana case which could have weakened Citizen's United. Unfortunately, … Read More