Archive for the 'Supreme Court' Category

DOMA Is Done For

By Justin Gardner | Related entries in Gay Marriage, Legislation, Sexuality, Supreme Court

It always seemed destined to be overturned, but by such a narrow margin? 5 to 4? Really? More from NPR: The 1996 Defense of Marriage Act, or DOMA, was signed into law by President Bill Clinton, barring federal recognition of same-sex marriages for purposes such as Social Security survivors’ benefits, insurance benefits, immigration and tax […]

June 26th, 2013 | Permalink| No Comments »

SCOTUS, Prop 8, Madison and Majority Rule

By mw | Related entries in California, Civil Liberties, Constitution, Gay Marriage, News, Supreme Court

The Supreme Court considers the question of whether California’s Proposition 8 ban on same sex marriage is constitutional. So what should happen when the majority acts against a minority, as in Proposition 8? Particularly when we see the executive branch make a craven political decision to not act, and legislators at both the federal and state level unwilling to act. In such a case, it seems obvious that the judiciary is the last firewall to protect our civil liberties, and it is only the judiciary that can preserve minority rights against the will of the majority. In such a case, not only is judicial action acceptable, it is necessary, even when it means substituting judicial fiat for democratic majority or legislative action. Self evident inalienable individual rights should trump the majority every time.

March 27th, 2013 | Permalink| 1 Comment »

Affordable Care Act Upheld By SCOTUS

By Justin Gardner | Related entries in Barack, Health Care, health care reform, Law, Legislation, Obama, Supreme Court

This just in from Drudgereport: SUPREME COURT RULES: Mandate survives as a tax… Chief Justice Roberts joins the left of the Court… The Medicaid provision is limited but not invalidated… ‘Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do […]

June 28th, 2012 | Permalink| 14 Comments »

Why the left whining about “False Equivalence” is equivalent to the right whining about “Liberal Media Bias”

By mw | Related entries in health care reform, Media, News, Obama, Partisan Nonsense, Supreme Court

The President’s comments at the Associated Press luncheon on Tuesday received a great deal of media attention. the President thinks the press might be afflicted by an “impulse” to suggest that both Republicans and Democrats are at fault for failing to compromise. He goes on to patiently explain that this is completely untrue – in fact this is “false equivalence” and bad reporting. The charge of “false equivalence” from the left is nothing more or less than political spin hoping to have the identical effect on perception of MSM reporting that the right seeks to achieve with “Liberal media bias.”

April 5th, 2012 | Permalink| 14 Comments »

Defending the defensible: Citizens United two years and one election later.

By mw | Related entries in Elections, Money, Supreme Court

Instead of speculating about the future, enough time has passed that we can now begin to assess the actual effects of the Citizens United Supreme Court decision as opposed to succumbing to our fear and loathing of what might hypothetically happen. Tim Cavanaugh of Reason Magazine takes a look at the subsequent impact.

March 19th, 2012 | Permalink| 5 Comments »

Clarence Thomas Didn’t Disclose Wife’s Conservative-Earned Income Over Multiple Years

By Justin Gardner | Related entries in Conservatives, Money, Supreme Court

Actually, let me correct the title. He didn’t just not disclose it…he lied about it. Because there’s no way he simply forgot. From LA Times: Between 2003 and 2007, Virginia Thomas, a longtime conservative activist, earned $686,589 from the Heritage Foundation, according to a Common Cause review of the foundation’s IRS records. Thomas failed to […]

January 23rd, 2011 | Permalink| 17 Comments »

So This Is What It Means To Be A Strict Constitutionalist

By Justin Gardner | Related entries in Constitution, Law, Supreme Court

This is why I can never get on board with judges like Scalia. Is he a smart guy? Of course. But the following? Not so much… From Callawyer comes this Q&A: In 1868, when the 39th Congress was debating and ultimately proposing the 14th Amendment, I don’t think anybody would have thought that equal protection […]

January 4th, 2011 | Permalink| 13 Comments »

Arlen Specter Slams Alito & Roberts On Campaign Finance Decision

By Justin Gardner | Related entries in Democrats, Money, Republicans, Supreme Court

Specter lost his senate seat, but he has some parting shots for Republican appointed judges. From CNN: “Ignoring a massive congressional record and reversing recent decisions, Chief Justice Roberts and Justice Alito repudiated their confirmation testimony given under oath and provided the key votes to permit corporations and unions to secretly pay for political advertising […]

December 21st, 2010 | Permalink| 32 Comments »

Sotomayor Nomination Passes 68-31

By Justin Gardner | Related entries in Democrats, Republicans, Supreme Court

I don’t think there was any question she’d become a Justice, but I think it is surprising that more Republicans didn’t vote for. Especially John McCain. From NY Times comes some of the reasons why… “Judge Sotomayor is certainly a fine person with an impressive story and a distinguished background,” the Senate minority leader, Mitch […]

August 6th, 2009 | Permalink| 10 Comments »

Republicans Won’t Block Sotomayor Nomination

By Justin Gardner | Related entries in Republicans, Supreme Court

No major gaffes in her testimony, so the Republicans really don’t have much choice at this point. Sure, they may not agree with her politics, but they have to save their strength for bigger fights. From Wash Post: Supreme Court nominee Sonia Sotomayor won virtual assurance of rapid confirmation yesterday when Senate Republicans announced that […]

July 17th, 2009 | Permalink| 4 Comments »