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US Supreme Court Tag

Posted by William A. Jacobson on August 15, 2018 80 Comments
When Masterpiece Cakeshop won its case on June 4, 2018, in the U.S. Supreme Court over refusal to bake a cake celebrating a gay wedding, many people assumed it was a win for religious freedom and free speech (the right not to have government compel your speech). The cake shop did not refuse to sell cakes to gays, it simply didn't want to prepare a custom cake with a specific message on it which it believed was contrary to the owner's religious beliefs. But as we covered at the time, the Supreme Court decision was tailored to bias against the cake shop in the Colorado administrative process. Justice Kennedy authored the 7-2 opinion:

Posted by Mary Chastain on August 13, 2018 37 Comments
Unfortunately for the press, there's not enough dirt on Supreme Court nominee Judge Brett Kavanaugh, which means journalists have to scrape at the bottom of the barrel. That's where we enter the creepy level and ProPublica has embraced it because the publication wants to know exactly who went to Washington Nationals baseball games with the judge and pictures of him at the games. Yes, the publication is still probing this disturbing development from July even though Kavanaugh bought those tickets with his personal credit card and his friends paid him back.

Posted by Mike LaChance on August 04, 2018 22 Comments
Just a few weeks ago, Democrats were vowing to do whatever it takes to keep Judge Brett Kavanaugh from being confirmed to the United States Supreme Court. They played to their base by dialing the rhetoric up to ten, as usual. Now it looks like that effort is beginning to fade.

Posted by Fuzzy Slippers on July 15, 2018 21 Comments
Last year, we covered Neil Gorsuch's nomination to the Supreme Court, including their misguided insistence on using the filibuster in an attempt to stop the nomination.  At that point, former Senate majority leader Harry Reid (D-NV) had eliminated the filibuster on lower court nominations but since there was no Supreme Court vacancy during his tenure as majority leader, Reid preserved the filibuster for the Supreme Court.

Posted by Kemberlee Kaye on July 11, 2018 28 Comments
The world is ending, Armageddon is nigh, and it's all because Judge Kavanaugh was nominated to take Justice Kennedy's place on the Supreme Court. Progressives are actively exploiting civics ignorance to raise money oppose Kavanaugh's nomination. In almost every instance where abortion and Roe v. Wade are mentioned, it's supposed that Kavanaugh HIMSELF will overturn Roe and all the poor women will die in back-alley abortions.

Posted by William A. Jacobson on July 09, 2018 91 Comments
So this is my quick take on the nomination of Brett Kavanaugh. My overwhelming focus as the drama unfolded tonight was not Kavanaugh's record. I'm not sufficiently familiar with Kavanaugh's record to reach an independent judgment on him. But Kavanaugh has passed muster with a wide range of conservatives who are familiar with his record and background, particularly Leonard Leo of The Federalist Society. I'll rely on, and accept, their judgment on future Justice Kavanaugh.

Posted by William A. Jacobson on July 09, 2018 43 Comments
It's getting crazy out here on the internet. Trump names his nominee to replace Justice Anthony Kennedy at a live press conference at 9 p.m. tonight. Trump did a pretty good job keeping the selection on the quiet with Neil Gorsuch, and as of this writing, there have been no definitive leaks. Just a lot of "insider" speculation as to who the finalists and top 2 are.

Posted by Jared Samilow on July 08, 2018 17 Comments
Most people assume that when the Supreme Court decides a case, it's over. Final. That's usually how it is, but not always. Sometimes when Court issues an opinion, it also sends the matter back to the lower courts for further consideration in light of the new guidance. For procedural reasons I'll explain soon, this is the path the Court took two weeks ago when it upheld Travel Order No. 3 in a bitterly divided 5-to-4 vote. So that means the case of Trump v. Hawaii will be returning to the lower courts which, altogether, have struck down the order, in its various iterations, a total of not one, not two, not three, not four, but five times. 
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