Tag Archive for Supreme Court

VNV Tuesday – …Doomed to Repeat It (Lochner v. New York, 1905; Part Two) 7/17/18

Lochner’s Home Bakery, where it all started.

Last week, the background leading to the Lochner v. New York lawsuit was discussed, as well as the decision of the majority which reversed the holdings of the county court, the New York Supreme Court, and the Court of Appeals. (Part One) Initially, the vote was 5-4 in favor of upholding the New York law, and Justice John Harlan wrote the draft opinion, while Justice Rufus Peckham wrote the draft dissent. Somewhere along the way, however, one justice changed their vote (most sources suggest it was Chief Justice Melville Fuller), and the opinion of Justice Harlan, with Justices Edward White and William Day concurring, became the dissent. Justice Oliver Wendell Holmes wrote a separate dissent.

Fighting Back: “Only those already well off are better off under this Republican economy”

 
 

The Weekly Democratic Party Address was delivered by Senator Richard Blumenthal of Connecticut.

(Senator Richard Blumenthal (D-CT) on Kavanaugh nomination)

“From President Trump’s repeated campaign promises, we know that Judge Kavanaugh poses a grave threat to women’s health care and the weakening of Roe v. Wade. We know he will vote to effectively eliminate the Affordable Care Act and undermine protections for millions of Americans who suffer from pre-existing conditions, including more than 500,000 Connecticut residents,” said Senator Richard Blumenthal (D-CT). “My colleagues and I are often asked by constituents: what can we do? The answer is stand up and speak out. It’s a call to action. Mobilize your neighbors and galvanize the American public – just as we did during the health care debate, when they tried time and again to ram through Trumpcare. The risk to our healthcare system is just as great now as it was then.”

(CSPAN link to Weekly Democratic Address: here)

Anthony Kennedy is a terrible human being.

As a public service, here is a running list of some of the articles related to Justice Anthony Kennedy’s retirement. Kennedy made it clear from his votes in the last session that he wants to make sure that his seat is filled with a reliable Republican (which means while Mitch McConnell’s Republican Party still has control of the United States Senate.) For that – and for the obvious fact that he is doing this simply so that he will still be invited to the best Washington cocktail parties – he deserves our scorn.

#WeCanFixThis. Get out the vote and get out *and* vote!

Weekly Address: It’s Time to Fill the Vacancy on the Supreme Court

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 HouseWeekly Address

In this week’s address, retired Federal Judge Timothy Lewis joined Vice President Joe Biden to discuss the nomination of Chief Judge Merrick Garland to the Supreme Court of the United States. The Vice President talked about his experience as the chairman of the Senate Judiciary Committee, during which every nominee got a hearing and an up or down vote on the Senate floor. Despite having more federal judicial experience than any other Supreme Court nominee in history, Chief Judge Garland’s nomination has now been pending longer than any other Supreme Court nominee who wasn’t withdrawn from consideration. Judge Lewis emphasized that this lack of action is preventing the Supreme Court from fulfilling its duty of interpreting the law and resolving conflicts in the lower courts. The Vice President made clear that for the sake of our Nation, everyone must do their job. That’s why the President did his job by nominating Chief Judge Merrick Garland. Now, it’s time for the Senate Republicans to do their job.

Justice Sotomayor: “Until the voices [of those routinely targeted by police] matter too, our justice system will continue to be anything but.”

Today we are turning the megaphone over to Associate Justice Sonia Sotomayor.

Yesterday, the Supreme Court issued its decision in the case of Utah v Strieff.

The court ruled that the police officer who illegally stopped Edward Strieff could, by virtue of his having an unpaid traffic ticket, search him and arrest him when they discovered drugs on him and use that illegally obtained evidence to convict him.

Justice Sotomayor disagreed.

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

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 HouseWeekly 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.

Weekly Address: President Obama’s Supreme Court Nomination

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 HouseWeekly 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.

President Obama announces his Supreme Court nominee, Chief Judge Merrick Garland of the DC Circuit – UPDATED

President Obama announcing his nominee to the United States Supreme Court: in a Rose Garden address

Transcript: Remarks by the President Announcing Judge Merrick Garland as his Nominee to the Supreme Court

For Immediate Release March 16, 2016 Nomination Sent to the Senate

NOMINATION SENT TO THE SENATE:

Merrick B. Garland, of Maryland, to be an Associate Justice of the Supreme Court of the United States, vice Antonin Scalia, deceased.

Earlier email from President Barack Obama:

Today, I will announce the person whom I believe is eminently qualified to sit on the Supreme Court.

As President, it is both my constitutional duty to nominate a Justice and one of the most important decisions that I — or any president — will make.

I’ve devoted a considerable amount of time and deliberation to this decision. I’ve consulted with legal experts and people across the political spectrum, both inside and outside government. And we’ve reached out to every member of the Senate, who each have a responsibility to do their job and take this nomination just as seriously.

Please join me in the Rose Garden at 11:00am Eastern for my announcement.

This is a responsibility I do not take lightly. In considering several candidates, I held each to three principles that reflect the role the Supreme Court plays in our democracy. […]

In putting forward a nominee today, I am fulfilling my constitutional duty. I’m doing my job. I hope that our Senators will do their jobs, and move quickly to consider my nominee. That is what the Constitution dictates, and that’s what the American people expect and deserve from their leaders.

President Barack Obama

Full text of the email below.

Follow the nomination process on Twitter at @SCOTUSnom.

You can’t change the rules just because you realize you are losing

It is bitter irony that the week in which President Obama talked about the “yawning gap between the magnitude of our challenges and the smallness of our politics” and addressed the nation about the hyperpartisan state of American politics, would end in a political argument over whether a sitting president has the right to nominate anyone for a Supreme Court vacancy.

No sooner had the news hit the wires that Supreme Court Justice Antonin Scalia had died, than Senate Majority Leader Mitch McConnell announced that the president needed to leave it up to the people and wait for the next election to fill the vacancy. Followed a few hours later by Senator Chuck Grassley, chairman of the Senate Judiciary committee, saying that no president had ever nominated a Supreme Court justice during an election year.

Wrong and wrong.

The people have already voted for who they want to nominate Supreme Court justices for vacancies occurring from January 2013 through January 2017 – it was called “The Election of 2012”. President Barack Obama won (you can google it). And there were dozens of times when a president nominated a justice who was confirmed in an election year, the latest one was in 1988 when Republican Ronald Reagan nominated Anthony Kennedy in 1987. He was later confirmed by a 97 to 0 vote in the Democratically controlled Senate in February of 1988, an election year and the last year of Reagan’s presidency.

President Obama: “The Affordable Care Act is here to stay”

From the White House:

On March 23, 2010, I sat down at a table in the East Room of the White House and signed my name on a law that said, once and for all, that health care would no longer be a privilege for a few. It would be a right for everyone.

Five years later, after more than 50 votes in Congress to repeal or weaken this law and multiple challenges before the Supreme Court, here is what we know today:

This law worked. It’s still working. It has changed and saved American lives. It has set this country on a smarter, stronger course.

And it’s here to stay.

If that means something to you today, add your voice here.

This morning, the Supreme Court upheld one of the most critical parts of health reform — the part that has made it easier for Americans to afford health insurance, no matter where you live.

If the challenges to this law had succeeded, millions would have had thousands of dollars in tax credits taken away. Insurance would have once again become unaffordable for many Americans. Many would have even become uninsured again. Ultimately, everyone’s premiums could have gone up.

Because of this law, and because of today’s decision, millions of Americans will continue to receive the tax credits that have given about 8 in 10 people who buy insurance on the new Health Insurance Marketplaces the choice of a health care plan that costs less than $100 a month.

If you’re a parent, you can keep your kids on your plan until they turn 26 — something that has covered millions of young people so far. That’s because of this law. If you’re a senior, or have a disability, this law gives you discounts on your prescriptions — something that has saved 9 million Americans an average of $1,600 so far. If you’re a woman, you can’t be charged more than anybody else — even if you’ve had cancer, or your husband had heart disease, or just because you’re a woman. Your insurer has to offer free preventive services like mammograms. They can’t place annual or lifetime caps on your care.

And when it comes to preexisting conditions — someday, our grandkids will ask us if there was really a time when America discriminated against people who got sick. Because that’s something this law has ended for good.

Five years in and more than 16 million insured Americans later, this is no longer just about a law. This isn’t just about the Affordable Care Act, or Obamacare.

This is health care in America.

Today is a victory for every American whose life will continue to become more secure because of this law. And 20, 30, 50 years from now, most Americans may not know what “Obamacare” is. And that’s okay. That’s the point.

Because today, this reform remains what it always has been — a set of fairer rules and tougher protections that have made health care in America more affordable, more attainable, and more about you.

That’s who we are as Americans. We look out for one another. We take care of each other. We root for one another’s success. We strive to do better, to be better, than the generation before us, and we try to build something better for the generation that comes behind us.

And today, with this behind us, let’s come together and keep building something better. That starts right now.

Thank you,

President Barack Obama

The president and vice president, Thursday morning:

Transcript below.