Tag Archive for SCOTUS

Editors' Choice, Fighting Back

Fighting Back: “Republicans are trying to take away your health care”

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The Weekly Democratic Party Address was delivered by Hawaii Senator Brian Schatz.

(Senator Brian Schatz (D-HI): “Republicans are trying to take away your health care”)

The Trump administration is fighting in federal court to take away protections for people with pre-existing conditions,” said Brian Schatz (D-HI). “If this Supreme Court nominee[, Brett Kavanaugh,] gets through the process, it will be harder than ever for Americans to access health care. It will be harder for women to access reproductive care. It will be harder for patients to keep the protections that they deserve and need. That’s why this fight is so important. There is too much at stake to do nothing. So please raise your voice and join us in the fight for health care.”

(CSPAN link to Weekly Democratic Address: here)

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Editors' Choice, History, It Takes a Village

VNV Tuesday – …Doomed to Repeat It (Lochner v. New York, 1905) 7/10/18

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Lochner’s Home Bakery, where it all started.

Like most non-lawyers, I struggle to understand the nuances of Supreme Court decisions, and I rely heavily on SCOTUSBlog (found here) to explain decisions in terms that I can understand. When the Janus v. AFSCME decision came down, followed by Justice Kennedy’s retirement announcement, I heard a lot of people talking about a return to the Lochner era. I had a vague recollection of the decision, but that mostly consisted of Lochner = bad. Today’s post is my IANAL attempt to provide an overview of the 1905 Lochner decision.

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News and Opinion

SCOTUS Watch – Monday, June 27th – UPDATE: Texas HB2 TRAP law is struck down!!! WIN for reproductive rights …

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June is SCOTUS Decision month, when all eyes turn to the Supreme Court for rulings on the cases argued this term (before the court adjourns on June 30th for the summer). The calendar normally calls for orders and opinions to be released every Monday – 9:30am for orders and 10:00am for opinions.

As always, the Moose News Network will cover the SCOTUS events with the help of SCOTUSblog and Twitter.

 
All eyes turn to the court

The Supreme Court will be in session this morning for opinions starting at 10:00am Eastern. SCOTUSblog will liveblog at this link starting at 9:30am Eastern.

There are 3 cases pending:
– WIN for women’s reproductive rights!!
Whole Woman’s Health v. Hellerstedt
Whether, when applying the “undue burden” standard of Planned Parenthood v. Casey, the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State’s interest in promoting health – or any other valid interest.
– WIN for victims of domestic violence
Voisine v. United States
Two men from Maine are challenging their convictions for possessing guns under a federal law that is intended to keep guns out of the hands of people who have previously been convicted of domestic violence. Their claim is that the conviction under state laws is not the same as a conviction under federal law that would trigger the ban.
– McDonnell v. U.S.
Whether “official action” under the controlling fraud statutes is limited to exercising actual governmental power, threatening to exercise such power, or pressuring others to exercise such power, and whether the jury must be so instructed; or, if not so limited, whether the Hobbs Act and honest-services fraud statute are unconstitutional.

A full list of pending cases (with links) is below the fold.

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Editors' Choice

SCOTUS Watch – Thursday, June 23rd – UPDATE: Affirmative Action wins, DAPA still on hold

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June is SCOTUS Decision month, when all eyes turn to the Supreme Court for rulings on the cases argued this term (before the court adjourns on June 30th for the summer). The calendar normally calls for orders and opinions to be released every Monday – 9:30am for orders and 10:00am for opinions. However, history has shown that additional “opinion days” are often added as the month unfolds.

As always, the Moose News Network will cover the SCOTUS events with the help of SCOTUSblog and Twitter.

 
All eyes turn to the court

The Supreme Court will be in session this morning for opinions starting at 10:00am Eastern. SCOTUSblog will liveblog at this link starting at 9:30am Eastern.

There are 8 cases pending. These are the major and/or newsworthy cases heard in the current term but not yet decided:
– United States v. Texas – DECIDED, injunction will not be removed, DAPA implementation still on hold
Whether the Obama administration has the authority to issue its new deferred-action policy for undocumented immigrants, whether the states have standing to challenge the policy at all, whether DHS was required to notify the public about the proposed policy and provide opportunity for the public to weigh in on it, and whether the policy violates the Constitution’s “Take Care Clause,” which requires the president to “take care that the laws be faithfully executed.”
– Whole Woman’s Health v. Hellerstedt
Whether, when applying the “undue burden” standard of Planned Parenthood v. Casey, the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State’s interest in promoting health – or any other valid interest.
– Fisher v. University of Texas at Austin DECIDED, UT wins
Does the use of racial preferences in undergraduate admissions by the University of Texas violate the Equal Protection Clause?
– McDonnell v. U.S.
Whether “official action” under the controlling fraud statutes is limited to exercising actual governmental power, threatening to exercise such power, or pressuring others to exercise such power, and whether the jury must be so instructed; or, if not so limited, whether the Hobbs Act and honest-services fraud statute are unconstitutional.

A full list of pending cases (with links) is below the fold.

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Justice, News and Opinion

SCOTUS Watch – Monday, June 20th

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June is SCOTUS Decision month, when all eyes turn to the Supreme Court for rulings on the cases argued this term (before the court adjourns on June 30th for the summer). The calendar normally calls for orders and opinions to be released every Monday – 9:30am for orders and 10:00am for opinions. However, history has shown that additional “opinion days” are often added as the month unfolds.

As always, the Moose News Network will cover the SCOTUS events with the help of SCOTUSblog and Twitter.

 
All eyes turn to the court

The Supreme Court will be in session this morning for orders and opinions starting at 9:30am Eastern. SCOTUSblog will liveblog at this link starting at 9:15am Eastern.

There are 13 cases pending. These are the major and/or newsworthy cases heard in the current term but not yet decided:
– United States v. Texas
Whether the Obama administration has the authority to issue its new deferred-action policy for undocumented immigrants, whether the states have standing to challenge the policy at all, whether DHS was required to notify the public about the proposed policy and provide opportunity for the public to weigh in on it, and whether the policy violates the Constitution’s “Take Care Clause,” which requires the president to “take care that the laws be faithfully executed.”
– Whole Woman’s Health v. Hellerstedt
Whether, when applying the “undue burden” standard of Planned Parenthood v. Casey, the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State’s interest in promoting health – or any other valid interest.
– Fisher v. University of Texas at Austin
Does the use of racial preferences in undergraduate admissions by the University of Texas violate the Equal Protection Clause?
– Encino Motorcars, LLC v. Navarro
Whether “service advisors” at car dealerships are exempt under 29 U.S.C. §213(b)(10)(A) from the Fair Labor Standards Act’s overtime-pay requirements.
– McDonnell v. U.S.
Whether “official action” under the controlling fraud statutes is limited to exercising actual governmental power, threatening to exercise such power, or pressuring others to exercise such power, and whether the jury must be so instructed; or, if not so limited, whether the Hobbs Act and honest-services fraud statute are unconstitutional.

A full list of pending cases (with links) is below the fold.

(Read More)

News and Opinion

SCOTUS Watch – Thursday, June 16th

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June is SCOTUS Decision month, when all eyes turn to the Supreme Court for rulings on the cases argued this term (before the court adjourns on June 30th for the summer). The calendar normally calls for orders and opinions to be released every Monday – 9:30am for orders and 10:00am for opinions. However, history has shown that additional “opinion days” are often added as the month unfolds. Today will be a Thursday opinion day.

As always, the Moose News Network will cover the SCOTUS events with the help of SCOTUSblog and Twitter.

 
All eyes turn to the court

The Supreme Court will be in session this morning for opinions starting at 10:00am Eastern. SCOTUSblog will liveblog at this link starting at 9:30am Eastern.

There are 16 cases pending. These are the major and/or newsworthy cases heard in the current term but not yet decided:
– United States v. Texas
Whether the Obama administration has the authority to issue its new deferred-action policy for undocumented immigrants, whether the states have standing to challenge the policy at all, whether DHS was required to notify the public about the proposed policy and provide opportunity for the public to weigh in on it, and whether the policy violates the Constitution’s “Take Care Clause,” which requires the president to “take care that the laws be faithfully executed.”
– Whole Woman’s Health v. Hellerstedt
Whether, when applying the “undue burden” standard of Planned Parenthood v. Casey, the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State’s interest in promoting health – or any other valid interest.
– Fisher v. University of Texas at Austin
Does the use of racial preferences in undergraduate admissions by the University of Texas violate the Equal Protection Clause?
– Encino Motorcars, LLC v. Navarro
Whether “service advisors” at car dealerships are exempt under 29 U.S.C. §213(b)(10)(A) from the Fair Labor Standards Act’s overtime-pay requirements.
– McDonnell v. U.S.
Whether “official action” under the controlling fraud statutes is limited to exercising actual governmental power, threatening to exercise such power, or pressuring others to exercise such power, and whether the jury must be so instructed; or, if not so limited, whether the Hobbs Act and honest-services fraud statute are unconstitutional.

A full list of pending cases (with links) is below the fold.

(Read More)

News and Opinion

SCOTUS Watch – Monday, June 13th

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June is SCOTUS Decision month, when all eyes turn to the Supreme Court for rulings on the cases argued this term (before the court adjourns on June 30th for the summer). The calendar normally calls for orders and opinions to be released every Monday – 9:30am for orders and 10:00am for opinions. However, history has shown that additional “opinion days” are often added as the month unfolds.

As always, the Moose News Network will cover the SCOTUS events with the help of SCOTUSblog and Twitter.

 
All eyes turn to the court

The Supreme Court will be in session this morning for orders and opinions starting at 9:30am Eastern. SCOTUSblog will liveblog at this link starting at 9:25am Eastern.

These are the major and/or newsworthy cases heard in the current term but not yet decided:
– United States v. Texas
Whether the Obama administration has the authority to issue its new deferred-action policy for undocumented immigrants, whether the states have standing to challenge the policy at all, whether DHS was required to notify the public about the proposed policy and provide opportunity for the public to weigh in on it, and whether the policy violates the Constitution’s “Take Care Clause,” which requires the president to “take care that the laws be faithfully executed.”
– Whole Woman’s Health v. Hellerstedt
Whether, when applying the “undue burden” standard of Planned Parenthood v. Casey, the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State’s interest in promoting health – or any other valid interest.
– Fisher v. University of Texas at Austin
Does the use of racial preferences in undergraduate admissions by the University of Texas violate the Equal Protection Clause?
– Encino Motorcars, LLC v. Navarro
Whether “service advisors” at car dealerships are exempt under 29 U.S.C. §213(b)(10)(A) from the Fair Labor Standards Act’s overtime-pay requirements.
– McDonnell v. U.S.
Whether “official action” under the controlling fraud statutes is limited to exercising actual governmental power, threatening to exercise such power, or pressuring others to exercise such power, and whether the jury must be so instructed; or, if not so limited, whether the Hobbs Act and honest-services fraud statute are unconstitutional.

A full list of pending cases (with links) is below the fold.

(Read More)

Editors' Choice, From the White House

Weekly Address: President Obama – It’s Time for the Senate To Do Its Job

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The President’s Weekly Address post is also an Open News Thread. Feel free to share other news stories in the comments.

From the White House – Weekly Address

In this week’s address, the President repeated his call for Republicans in the United States Senate to give Chief Judge Merrick Garland a fair hearing and a vote. It has been 45 days since President Obama nominated Judge Garland to the Supreme Court. The President highlighted that Senate Republicans have said that Judge Garland is a man of experience, integrity and impeccable qualifications. Despite this, most Senate Republicans refused to do their job and give Judge Garland the consideration he deserves. The President made clear that the Supreme Court must remain above partisan politics, and that’s why the President did his job in nominating Merrick Garland. Now, it’s time for the Senate to do its job.

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Editors' Choice, Election 2016, From the White House

President Obama: “Republicans in the Senate have decided that placating their base is more important than upholding their constitutional and institutional roles.”

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Yesterday, President Obama visited with some students and faculty at the University of Chicago Law School where he once taught constitutional law. The purpose of the visit was to discuss his nomination of Chief Judge Merrick Garland of the DC Circuit to fill the Supreme Court vacancy. The conversation ranged freely as he took questions from the audience.

President Obama on the unprecedented blockade in the Senate where the majority will not even have a hearing for the nominee:

There have been controversies in the past about how we should decide the balance between liberty and security, about how do we treat minority groups to assure that they are protected from majority rule. How do we make sure that the political process itself has integrity and that our votes count? Those are all issue where passions are real and people have opinions. And there’s nothing wrong with that. […]

I will say that there has not been a circumstance in which a Republican President’s appointee did not get a hearing, did not get a vote, and as a general proposition, they have been confirmed even where there have been strong objections.

So what you have here is, I think, a circumstance in which those in the Senate have decided that placating our base is more important than upholding their constitutional and institutional roles in our democracy in a way that is dangerous. And there are other examples of it, but this judicial nomination process I think has become an extreme example.[…]

What’s not acceptable is not giving him a vote, not giving him a hearing, not meeting with him. What’s not acceptable, I believe, is the increasing use of the filibuster for somebody who’s clearly within the mainstream, or to essentially say that we are going to nullify the ability of a President who is from another party from making an appointment. And we’re going to wait to see if maybe we can get a guy from our party to make the appointment. That is where you have a process foul that corrodes the ability of the Court to function effectively.

Full transcript below …

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Editors' Choice, From the White House

Weekly Address: President Obama’s Supreme Court Nomination

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The President’s Weekly Address post is also an Open News Thread. Feel free to share other news stories in the comments.

From the White House – Weekly Address

In this week’s address, the President discussed his decision to nominate Chief Judge Merrick Garland to the Supreme Court of the United States. Chief Judge Garland has earned the respect of both Democrats and Republicans through his years of public service. The President made clear that even though we are in the midst of a volatile political season, we should treat the appointment of a Supreme Court justice seriously. The President repeated his call for Republicans in the United States Senate to give Chief Judge Garland a fair hearing and a vote. The President did his job. Now Senators should do theirs and quickly move to consider the President’s nominee.

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