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US Supreme Court Tag

Posted by William A. Jacobson on June 28, 2012 109 Comments

Was Scalia’s Dissent Originally a Majority Opinion? Scalia’s dissent, at least on first quick perusal, reads like it was originally written as a majority opinion http://lsolum.typepad.com/legaltheory/2012/06/evidence-that-the-votes-shifted-after-conference-initial-vote-to-declare-mandate-unconstitutional.html (in particular, he consistently refers to Justice Ginsburg’s opinion as “The Dissent”). Back in May, there were rumors floating around...

Posted by William A. Jacobson on June 28, 2012 9 Comments

... Dread (I'm already preparing Pep Talk IV)...

Posted by William A. Jacobson on June 27, 2012 73 Comments

where will we be? Big day here. Will create an "open" post somewhere around 9:30 a.m. waiting to find out if the Supreme Court Kremlinologists have been right. Or not. Then will follow up with a post detailing my take on the decision. Followed by the House vote to hold...

Posted by William A. Jacobson on June 25, 2012 57 Comments

Drudge ran a classic headline today regarding the decision of the Department of Homeland Security to suspend all existing cooperation agreements with Arizona in light of the Supreme Court's unanimous upholding of §2(B), permitting authorities to check the immigration status of persons otherwise lawfully detained: While...

Posted by William A. Jacobson on June 25, 2012 80 Comments

The Supreme Court decided the Arizona immigration law, S.B. 1070.  Justice Kennedy wrote the majority opinion. The Court struck the provisions dealing with state criminal penalties and other provisions which imposed procedural requirements on illegals in the state.  Among the provisions the Court struck is the...

Posted by William A. Jacobson on June 25, 2012 18 Comments

You can check out the live action at ScotusBlog's live feed.  The Supreme Court's opinion page updates with new opinions not long after announced in court. If either of the two biggies come down, I'll create a separate post. Updates:  Montana campaign case summarily reversed. Case might...

Posted by William A. Jacobson on June 24, 2012 13 Comments

It's gone from the headlines and the news reports. Whatever happens this week, one footnote may be whether Elena Kagan should have recused herself on the Obamacare case as she did on the Arizona immigration case. Via Judicial Watch on March 22, 2012: Judicial Watch, the nation’s largest government watchdog group,...

Posted by William A. Jacobson on June 22, 2012 43 Comments

A long while ago I expressed that Obama lost the Obamacare litigation politically the moment the Supreme Court decided to take the case on a track to render a decision before the election.  (Can't find the post, help!)[see Update] My view was that a total legal victory would...

Posted by William A. Jacobson on June 21, 2012 50 Comments

Richard Mourdock's campaign had an operational failure by uploading a video about the Supreme Court overturning Obamacare.   The campaign also uploaded other versions depending on outcome. That's an embarrassment, but really, who has not come close to that? You mean to tell me the newspapers don't have...

Posted by William A. Jacobson on April 24, 2012 8 Comments

SB 1070, the Arizona immigration law, is on for oral argument tomorrow at the U.S. Supreme Court.  Justice Elena Kagan recused herself.  If there is a 4-4 split, the 9th Circuit decision enjoining key part of the law stands. My prior posts for some background: Arizona Law...

Posted by William A. Jacobson on April 09, 2012 18 Comments

for us. Rasmussen Reports, Supreme Court’s Ratings Jump Following Health Care Hearings: Just before the highly publicized hearing on the constitutionality of President Obama’s health care law, ratings for the U.S. Supreme Court had fallen to the lowest level ever measured by Rasmussen Reports. Now, following the...

Posted by William A. Jacobson on April 03, 2012 38 Comments

The normally supportive commentariat is not happy, for a variety of reasons: My law school classmate Ruth Marcus, WaPo, Obama’s unsettling attack on the Supreme Court: "I would lament a ruling striking down the individual mandate, but I would not denounce it as conservative justices run...

Posted by William A. Jacobson on April 02, 2012 57 Comments

Aw, a bunch of unelected judges may have a different view of the Constitution than Barack Obama, and may overturn a law passed by Congress. That never has happened before. The thing is, those judges may not be elected, and may not have any divisions. But they have...

Posted by William A. Jacobson on April 02, 2012 39 Comments

There's pretty much doom and gloom all the time in the right blogosphere. Most of the bloggers I follow are having a hard time staying away from sharp objects as we glance towards November and the possibility of the teflon president tefloning his way towards a tefloned...

Posted by William A. Jacobson on March 31, 2012 4 Comments

On March 28, 2012, I was a guest of Mark Carbonaro Show on KION 1460 AM in Salinas, CA, talking about the Supreme Court oral arguments in the Obamacare litigation. Total time was about 25 minutes, the audio is broken down into two parts. ...

Posted by William A. Jacobson on March 30, 2012 22 Comments

I'm not predicting that the mandate or the entirety of Obamacare will go down at the Supreme Court.  But based on the oral arguments, those who support the law are in a state of panic. Digging back into Memeorandum from March 23, 2010, when Obamacare was signed into...

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