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Headscarves and “East Coast fashion”: SCOTUS to set standard on religious accommodation

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Posted by  ▪  Wednesday, February 25, 2015 at 12:09pm
supreme-court-picture

Today, the Supreme Court heard oral arguments in a case that pits the concept of religious accommodation against company dress codes and hiring practices.

Just writing it out makes it sound depressing, doesn’t it? The facts don’t make things much better. Back in 2008, Samantha Elauf, an observant Muslim, applied and...

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The left is worried about Ruth Bader Ginsburg

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Posted by  ▪  Tuesday, February 17, 2015 at 5:52pm
How Ginsburg stol the SOTU show Ginsburg asleep sleep

One of the most interesting developments in the recent media spin cycle is the renewed fascination—on both the left and the right—with Supreme Court Justice Ruth Bader Ginsburg.

Ginsburg has been in the national spotlight since her appointment in 1993; her tenure on the Court has afforded her the opportunity to become...

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When it comes to #SOTU, Justice Ginsburg is all of us

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Posted by  ▪  Friday, February 13, 2015 at 2:35pm
ginsburg asleep SOTU

We’ve already talked about how Supreme Court Justice Ruth Bader Ginsburg stole the show at this year’s State of the Union address—mostly because the entire internet was 90% sure they caught her during the action:

As it...

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Here they go again, working the Sup Ct refs on Obamacare II

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Posted by  ▪  Thursday, February 5, 2015 at 10:39am
Winter pile up PA Tpke - OBAMACARE

In the months leading up to the first Supreme Court Obamacare decision, there was a concerted media and Democratic effort to portray the legitimacy of the Court, and particularly the legacy of Chief Justice John Roberts, as dependent on the outcome.

The argument went that holding Obamacare’s mandate to...

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SCOTUS “institutional legitimacy” not at stake in King v. Burwell

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Posted by  ▪  Monday, January 26, 2015 at 5:15pm
us-supreme-court

The upcoming Supreme Court case of King v. Burwell holds much in the balance, including the very financial sustainability of President Obama’s signature law, the Patient Protection and Affordable Care Act (PPACA). If the Supreme Court rules for the plaintiffs, the ability for the law to support itself would almost...

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Mark Levin and Jonathan Gruber once agreed: No Obamacare subsidies on federal exchange

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Posted by  ▪  Saturday, January 3, 2015 at 6:20pm
Gruber video statement re state exchanges and tax credits

King v. Burwell is the case the Supreme Court agreed to hear involving Obamacare subsidies on federal exchange.

You will recall that the legal issue is whether the IRS violated the express provisions of Obamacare by issuing rules allowing taxpayers to claims federal subsidies when purchasing on the federal exchange, even though...

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Is your license plate “government speech?”

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Posted by  ▪  Tuesday, December 9, 2014 at 8:30am
supreme-court-picture

You can take my vanity plates when you pry them from my cold dead fingers! Not exactly the most serious declaration we’re ever published here, but it’s relevant to the Supreme Court’s latest free speech case, and could end up playing a role in a new standard governing content allowed on...

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SCOTUS to examine pregnancy discrimination in new case

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Posted by  ▪  Wednesday, December 3, 2014 at 5:30pm
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Title VII of the Civil Rights Act of 1964 prohibits sex discrimination against pregnant women, but how far does Title VII require an employer to go to accommodate pregnant workers who develop conditions limiting their ability to do their jobs? We already know an employer can’t use a pregnancy to fire...

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SCOTUS considers Facebook rants in free speech case

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Posted by  ▪  Tuesday, December 2, 2014 at 7:00am
supreme-court-picture

Both parties in the high-profile Elonis vs. United States had their day before the Supreme Court yesterday, and lawyers and analysts alike aren’t sure what to make of the Court’s reaction to oral arguments.

Elonis (described in detail here) is shaping up to be a real barn burner because it tackles a...

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SCOTUS tackles free speech vs. true threats in Facebook posts

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Posted by  ▪  Monday, November 24, 2014 at 8:30am
eminem lyrics free speech threat

In the 2003 barnburner Virginia v. Black, the Supreme Court held unconstitutional a statute that in part stated that the act of burning a cross constituted prima facie evidence of an intent to intimidate a person or group. Writing for the majority, Justice O’Connor said that “just as a State may...

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The State of American Justice

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Posted by  ▪  Wednesday, November 12, 2014 at 8:30pm
NRO Cruise - Ed Whelan Andy McCarthy William Jacobson John Yoo

I appeared this afternoon during the National Review post-election cruise on a panel with:

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Obamacare returns to Supreme Court

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Posted by  ▪  Friday, November 7, 2014 at 1:04pm
Healthcare.gov Obamacare Girl

The issue of subsidies on the federal exchange has been accepted by the Supreme Court.

Scotusblog reports:

The Supreme Court, moving back into the abiding controversy over the new health care law, agreed early Friday afternoon to decide how far the federal government can extend its program of subsidies to buyers of health...

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SCOTUS Skeptical of Sarbanes-Oxley Prosecution Over…Fish?

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Posted by  ▪  Thursday, November 6, 2014 at 2:20pm
supreme-court-picture

The Sarbanes-Oxley Act of 2002 was passed in an effort to reform the finance and governance structures in corporate America. Although the language of the Act is notoriously broad, it has mostly been applied to those in the corporate world who make missteps during investigations into their financial practices.

Then, of...

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Obama 2008: Israel can keep its undivided capital of Jerusalem, if it likes it

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Posted by  ▪  Tuesday, November 4, 2014 at 11:34am
http://youtu.be/bWrvPvo8yXc

Yesterday was oral argument at the Supreme Court in a lawsuit over whether Congress had the power to designate Jerusalem as the Capital of Israel on passports.

The case is Zivotofsky v. Kerry, and the issue is a fight between Congress and the Executive Branch, Via Scotus Blog:

Issue: Whether a federal statute...

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Wisconsin John Doe targets to seek US Supreme Ct review

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Posted by  ▪  Friday, October 24, 2014 at 11:35am
Walker addresses crowd

Yesterday, the 7th Circuit Court of Appeals denied a request by two targets of the Wisconsin John Doe investigation to rehear a decision by a three-judge panel to vacate an injunction issued by...

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Supreme Court allows Texas Voter ID law

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Posted by  ▪  Saturday, October 18, 2014 at 10:47am
voter ID

AP reports via HuffPo:

The Supreme Court said Saturday that Texas can use its controversial new voter identification law for the November election.

A majority of the justices rejected an emergency request from the Justice Department and civil rights groups to prohibit the state from requiring voters to produce certain forms of photo...

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SCOTUS Blocks Key Parts of Texas Abortion Law

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Posted by  ▪  Wednesday, October 15, 2014 at 7:00am
Supreme Court Justices 2010

The Supreme Court has issued an unsigned order blocking key provisions of sweeping new health care regulations from being enforced against Texas abortion providers.

Via Fox News:

In an unsigned order, the justices sided with abortion rights advocates and health care providers in suspending an Oct. 2 ruling by a panel of the...

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