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US Supreme Court Tag

Posted by William A. Jacobson on June 25, 2013 38 Comments

NOTE:  Tomorrow is the last opinion day -- so we will get gay marriage and DOMA decisions.  Be here at 10 a.m. Section 4 of Voting Rights Act held invalid. Full Opinion embedded at bottom of this post. Via ScotusBlog live blog: 10:10 Amy Howe: Shelby County. The...

Posted by William A. Jacobson on June 24, 2013 26 Comments

[Note -- More decisions will be released Tuesday -- check back here at 10 a.m.] Full opinion embedded at bottom of post Via ScotusBlog live blog: 10:14 Amy Howe: The opoinion by Kennedy. The Fifth Circuit is vacated and remanded. 10:15 Amy Howe: The holding is because the Fifth...

Posted by William A. Jacobson on March 27, 2013 4 Comments

Today is oral argument in Windsor v. United States, challenging the Defense of Marriage Act. We have not followed the DOMA litigation very carefully to date. We did cover the secondary boycott effort directed at the King & Spalding law firm.  There was  a truly abysmal threat to...

Posted by William A. Jacobson on March 26, 2013 36 Comments

The oral argument just concluded.  The audio will be posted later.  Update -- Audio is here. Transcript is here. Expect an avalanche of spin from various pundits -- as if the spin matters. I'll link to numerous sources which I deem on the low-end of spin meter. ...

Posted by William A. Jacobson on March 26, 2013 13 Comments

Today at 10 a.m. is the argument in Hollingsworth v. Perry, also known as the California Proposition 8 case.  Tomorrow is argument in the Defense of Marriage Act case. It's hard to believe that this day has arrived.  We have been covering Prop 8 almost since...

Posted by 0387erp on January 15, 2013 16 Comments

A couple of days ago I charitably described Andrew Cohen's embarrassingly gushing celebration of Justice Sonia Sotomayor and her new book in The Atlantic as "treacly drool." It is not alone, accompanied now by a full court liberal press (NPR, CBS News, the New York...

Posted by William A. Jacobson on December 19, 2012 23 Comments

Mary Jo Kopechne could not be reached for comment....

Posted by William A. Jacobson on December 11, 2012 29 Comments

The big shock in the Supreme Court's Obamacare ruling was not that the law was upheld.  Most people thought there was a substantial chance Justice Kennedy would side with the four liberal Justices. But almost no one thought that it would be Chief Justice John Roberts...

Posted by William A. Jacobson on December 07, 2012 19 Comments

Just breaking, via The Hill: The Supreme Court announced Friday that it will hear a challenge to the Defense of Marriage Act (DOMA) — the federal law that defines marriage as a union between a man and a woman. The court also agreed to hear a...

Posted by William A. Jacobson on October 10, 2012 9 Comments

Argument was heard today in the Supreme Court in Fisher v. University of Texas. The issues, as summarized at ScotusBlog were: This morning the Court heard oral arguments in what is likely to be one of the highest-profile cases of this Term: Fisher v. University of...

Posted by William A. Jacobson on July 04, 2012 34 Comments

The conundrum - how to be intellectually consistent that the mandate was an unconstitutional penalty to force people into commerce, yet deal with the fact that The Chief and the four liberal Justices called it a constitutional tax. I said the only solution to this pretzel...

Posted by William A. Jacobson on July 03, 2012 33 Comments

I guess that doesn't surprise me. Also, does Christie thread the needle on the tax/penalty issue?  Or just muddle things even more?  (not his fault, really) Via Mediaite: Sure. Yeah. I mean, listen, I thought all along that it was a tax. And I don’t think it’s exclusively...

Posted by William A. Jacobson on July 02, 2012 73 Comments

Saving Obamacare by calling a penalty a tax has created all sorts of political contortions. What if the Supreme Court had called a dog a cat, would we then be required to call a dog a cat, particularly if it were better for us? That's where we...

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