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Voter News and Issues ~ Helpcom.net: Supreme Court - Law of the Land

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the U.S. in the image of America's Moslem-in-chief
Supreme Court - Law of the Land

Washington's Political Policy Makers Return from Vacation 

Obama's Policy makers come back from their summer vacation to make the U.S. in the image of America's Moslem-in-chief

What to expect from the upcoming SCOTUS term

The U.S. Supreme Court’s summer recess is over and the justices will return to the bench for oral arguments on Monday. The court traditionally sets half the docket for the coming year before it adjourns in early July, and grants the remaining cases between late September and mid-January.

The cases that had been granted prior to the summer recess presented many important issues, but there were no likely blockbusters among them. The court had on its list for the traditional long, end-of-the-summer conference on Monday several cases presenting the question of whether state laws prohibiting same-sex marriage violate the Constitution.

However, unlike the past, the court this year did not release orders the next day. Later this fall, the court will also decide whether to take an important case concerning the Affordable Care Act and whether low-income individuals who purchase insurance from an exchange created by the federal government can qualify for a tax credit.

On the horizon, but likely not for this term, are important cases concerning abortion rights and affirmative action. In recent months, the 5th U.S. Circuit Court of Appeals upheld a Texas law and struck down a Mississippi law greatly restricting abortions by requiring doctors at clinics to have admitting privileges at local hospitals. Also, the 5th Circuit upheld the University of Texas affirmative action plan in a case on remand from the Supreme Court. But en banc petitions are pending and it is unlikely that the cases will be presented to the court in time for briefing and argument in the coming term.

Revisiting familiar issues

Some of the cases in which review has been granted present familiar issues or are even familiar cases:

 Executive power: Zivotofsky v. Kerry is back before the court for a second time. Earlier the court ruled the case did not pose a political question and now the court will consider whether Congress impermissibly intruded upon executive powers by enacting a law that directs the U.S. secretary of state, on request, to record the birthplace of an American citizen born in Jerusalem as having “Israel” as a birthplace.

The Obama administration claims that it is executive prerogative to conduct the nation’s diplomatic relations, and that it had made the judgment not to resolve the highly contested issue of whether Jerusalem is a part of Israel. On remand from the Supreme Court, the U.S. Court of Appeals for the District of Columbia Circuit declared the statute unconstitutional and the Supreme Court granted certiorari.

 Bankruptcy: In Wellness Intern. Network Ltd. v. Sharif the court will again face an issue of enormous importance to the federal courts that it ducked last year: May a bankruptcy court issue a final judgment as to a state law claim with consent of the parties? In Stern v. Marshall the court held that bankruptcy courts cannot issue final judgments over state law claims unless they stem from the bankruptcy itself. The circuits have split, though, as to whether consent can cure this.

The issue was briefed and argued last year in Executive Benefits Insurance Agency v. Arkison.But the court avoided the question by holding that there had been de novo review in the federal district court and that this was sufficient to permit a decision by a bankruptcy court on the state law claim. At the end of the term, the court granted review in another case posing this issue, which is significant for bankruptcy judges, magistrate judges, and the workload of federal district courts.

 Religious freedom: Having ended last term with a major issue about religious freedom, the court will return to it in Holt v. Hobbs . The court granted review to decide whether the Arkansas Department of Corrections grooming policy violates the federal Religious Land Use and Institutionalized Persons Act in prohibiting a prisoner from growing a half-inch beard in accordance with his religious beliefs.

 Voting Rights: Once more, the court will have a voting rights case on its docket. In Alabama Legislative Black Caucus v. Alabama and Alabama Democratic Conference v. Alabama the court will return to the issue of when the government may use race in drawing election districts. The challengers argued that Alabama “packed” minority voters into districts where they already were in political control, thus reducing their chance of having influence elsewhere in the state. The question is whether this denied minority voters equal protection.

 Employment discrimination: Although last term there were no employment discrimination cases, in Young v. United Parcel Service the court will consider whether it violates the federal Pregnancy Discrimination Act when an employer provides accommodations to non-pregnant employees with work limitations, but refuses to accord the same accommodations to pregnant employees. United Parcel Service offers light work duty, which does not involve lifting heavy packages, to employees injured on the job or who are suffering from a permanent injury recognized under the Americans with Disabilities Act. But it refuses to provide this same accommodation to pregnant women who need this. The issue is whether this is pregnancy discrimination in violation of federal law.

 Fourth Amendment: And, of course, as always, there is a major Fourth Amendment case. InHeien v. North Carolina the court will consider whether a police officer’s mistake of law can provide the individualized suspicion that the Fourth Amendment requires for a traffic stop. The police stopped Javier Vasquez because one of his brake lights was not working. The officer mistakenly believed that under North Carolina law a car must have two working brake lights. A search was done of the car and drugs were found. The issue is whether the search was constitutional in light of the fact that it followed a stop based on the police officers’ mistake as to the law.

Facing a new issue

The Supreme Court long has held that “true threats” are not protected by the First Amendment. But the court never has developed a standard for determining what is a true threat. It is an issue that has come up with ever greater frequency because of the Internet and social media.

In Elonis v. United States the court will consider whether a conviction for threatening another person requires proof of the defendant’s subjective intent to threaten, or whether it is enough to show that the reasonable person would regard the statement as threatening.

After Anthony Elonis’ wife, Tara, moved out with the two children, she obtained a protection from abuse order from the state court in response to his threatening and abusive Facebook posts. In the days and weeks following the order, Elonis’ posts became even more venomous and explicit. Subsequently, Elonis posted threats to employees of his former workplace, FBI agents—and even a local kindergarten class.

Elonis was convicted of violating a federal law, 18 U.S.C. Section 875(c), which makes it a crime to “transmit in interstate commerce communications containing a threat to injure another person.” The 3rd U.S. Circuit Court of Appeals held that Elonis’ speech is not protected by the First Amendment, because a reasonable person would regard it as a threat. This is a potentially very significant case about the First Amendment and social media.

These, of course, are just some of the cases in which review was granted by the court before its summer recess. Even with half the docket still to be set, it likely that it will be another important year in the Supreme Court.


Erwin Chemerinsky, Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law at the University of California, Irvine School of Law, is one of the nation’s top experts in constitutional law, federal practice, civil rights and civil liberties, and appellate litigation. He is the author of seven books, the latest being The Conservative Assault on the Constitution (Simon & Schuster, 2010). His casebook, Constitutional Law, is one of the most widely read law textbooks in the country. Chemerinsky has also written nearly 200 law review articles in journals such as the Harvard Law Review, Michigan Law Review, Northwestern Law Review, University of Pennsylvania Law Review, Stanford Law Review and Yale Law Journal. He frequently argues appellate cases, including matters before the U.S. Supreme Court and the U.S. Court of Appeal, and regularly serves as a commentator on legal issues for national and local media. He holds a J.D. from Harvard Law School and a B.S. from Northwestern University.

Posted by editor on Friday, October 03 @ 02:54:17 MST (1840 reads)
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Court Struggles With Hollwoods Restitution for Child Porn Victim
Supreme Court - Law of the Land

Court Struggles With Restitution for Child Porn Victim

Deputy solicitor general Michael Dreeben
Deputy solicitor general Michael Dreeben

 

Three lawyers offered the U.S. Supreme Court on Wednesday three "stark choices" about how to pay restitution to child pornography victims, but none seemed to satisfy all of the justices.

The three choices, several justices noted, would result in victims receiving nothing, everything or something in between the two.

During arguments in Paroline v. United States, the high court struggled with how to give effect to Congress' mandate in the Sexual Exploitation and Other Abuse of Children Act that these victims receive the "full amount" of their losses.

The justices had agreed to decide what causal relationship, if any, between a criminal defendant's act and a child pornography victim's harm must the government or the victim prove for the victim to get restitution.

The case stems from the conviction of Doyle Paroline for possession of child pornography. The 300 images found on his computer included two of the child, "Amy," who, when she was 8 years old, was raped by her uncle. The uncle took photographs of his crimes and posted them on the Internet. The images are part of the most widely distributed child pornography, a series known as "Misty."

The U.S. Court of Appeals for the Fifth Circuit ruled that Paroline was liable for all of Amy's harm and losses, an estimated $3.4 million.

Lawyers for Paroline, the federal government and Amy tried to persuade the justices that each had the best approach as Amy, now in her mid-20s, watched from the audience.

The problem confronting the court is the section of the law defining the "full amount of the victim's losses." The law lists items such as medical services, physical and occupational therapy, lost income and attorney's fees. Last on the list is "any other losses suffered by the victim as a proximate result of the offense."

Paroline's counsel, Stanley Schneider of Houston's Schneider & McKinney, argued that the law's plain text requires the government to prove that all of the victim's harms or losses are the direct, or proximate, result of Paroline's offense.

Justice Stephen Breyer countered: "But if a thousand people look at [the images], then each one can say: 'But I didn't cause more than a tiny fraction at most,' and so there virtually is no restitution, right? Now, every one of the thousand says that, truthfully, and so therefore the victim gets no restitution—opposite of what Congress wanted."


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Posted by editor on Thursday, January 23 @ 03:47:05 MST (3192 reads)
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Madam Justice Ginsburg Scares Liberals to Death
Supreme Court - Law of the Land

Madam Justice Ginsburg

Scares Liberals to Death

Fay Maricelli:

HERE'S A SOBERING THOUGHT:

Ruth Bader Ginsburg, nearing 81, is currently the oldest Supreme Court Justice. Now, while she is a part of the liberal faction that mandates the checks and balances system in the highest judicial position in the United States, she is first and foremost, Jewish; and surprisingly more often than not, sides with the Conservatives.

Her landmark contributions to Women's Rights, Civil Rights, i.e.; race and sex discrimination, have established her as a champion among the "little guy" in terms of constitutionality and equal protection under the law. However, on the flip side, she also is a proponent of abortion. Nevertheless, she has indeed cast her decisions based solely on the all-important Rule of Law and extreme fairness in all aspects.

But now, she is being pressured to retire - a fact that she says will not succumb or concede to. This fact scares liberals to death. Why?

"The reality of the court, and the parties, these days is that Ginsburg ... should know that a justice selected by President Rubio or President Jindal or President Cruz is going to produce a very different nation than one selected by Barack Obama." It would, in fact, be the defining factor in whether or not this great nation would stay "One Nation, Under G-d"...

Or become "Amerika"...

Posted by editor on Thursday, January 16 @ 05:30:30 MST (3038 reads)
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Marriage; 1,335 references in the US Code, or Kennedy's 1,100?
Supreme Court - Law of the Land

So where did Justice Kennedy come up with that there were 1,100 references to marriage in the federal code?

 

Kennedy acknowledged that there were 1,100 references to marriage in the federal code, and that the definition of who is married is "intertwined with daily life." He questioned whether the federal government may impose its own view of marriage, which has "always thought to be" the domain of the state.

Using predictive coding the Virginia Unalienable Rights Foundation found the following in the federal code:

Marriage  references  483

marriages references   18

Spouse  references     833

Total references       1,335



Posted by editor on Wednesday, March 27 @ 13:05:22 MST (2927 reads)
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Marriage is 1 U.S.C. § 7 — Definition of "marriage" and "spouse"
Supreme Court - Law of the Land

Its real Simple Mr. Chief Justice and Associate Justices of the Supreme Court

1 U.S.C. § 7 — Definition of "marriage" and "spouse"

In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word "marriage" means only a legal union between one man and one woman as husband and wife, and the word "spouse" refers only to a person of the opposite sex who is a husband or a wife.

(Added Pub. L. 104-199, Sec. 3(a), Sept. 21, 1996, 110 Stat. 2419.)

U.S. Code 1 U.S.C. § 7

Posted by editor on Wednesday, March 27 @ 12:42:10 MST (2403 reads)
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Major Marxist Media Organs fail to let you know you got screwed
Supreme Court - Law of the Land

HOBBY LOBBY STORES, INC. v. SEBELIUS

Obama Appointed Marxist Sotomayor writes Opinion Supporting The Marxist Health Care Plan

 

SUPREME COURT OF THE UNITED STATES

NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.

SUPREME COURT OF THE UNITED STATES

_________________

No. 12A644

_________________

HOBBY LOBBY STORES, INC., et al., v. KATHLEEN SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, et al.

on application for injunction

[December 26, 2012]

 

     Justice Sotomayor, Circuit Justice.

     This is an application for an injunction pending appellate review filed with me as Circuit Justice for the Tenth Circuit. The applicants are two closely held for-profit corporations, Hobby Lobby Stores, Inc. (Hobby Lobby) and Mardel, Inc. (Mardel), and five family members who indirectly own and control those corporations. Hobby Lobby is an arts and crafts retail chainstore, with more than 13,000 employees in over 500 stores nationwide. Mardel is a chain of Christian-themed bookstores, with 372 full-time employees in 35 stores. Employees of the two corporations and their families receive health insurance from the corporations’ self-insured group health plans.

     Under §1001(5) of the Patient Protection and Affordable Care Act, 124 Stat.131, 42 U. S. C. §300gg–13(a), non grandfathered group health plans must cover certain preventive health services without cost-sharing, including various preventive services for women as provided in guidelines issued by the Health Resources Services Administration (HRSA), a component of the Department of Health and Human Services. As relevant here, HRSA’s guidelines for women’s preventive services require coverage for “all Food and Drug Administration . . . approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity as prescribed by a provider.” 77 Fed. Reg. 8725 (Feb. 15, 2012) (internal quotation marks omitted).

     The applicants filed an action in Federal District Court for declaratory and injunctive relief under the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act of 1993 (RFRA), 42 U. S. C. §2000bb et seq. They allege that under the HRSA guidelines, Hobby Lobby and Mardel will be required, contrary to the applicants’ religious beliefs, to provide insurance coverage for certain drugs and devices that the applicants believe can cause abortions. The applicants simultaneously filed a motion for a preliminary injunction to prevent enforcement of the contraception-coverage requirement, which is scheduled to take effect with respect to the employee insurance plans of Hobby Lobby and Mardel on January 1, 2013. The District Court for the Western District of Oklahoma denied the motion for a preliminary injunction, and the Court of Appeals for the Tenth Circuit denied the applicants’ motion for an injunction pending resolution of the appeal.

     The only source of authority for this Court to issue an injunction is the All Writs Act, 28 U. S. C. §1651(a). “We have consistently stated, and our own Rules so require, that such power is to be used sparingly.” Turner Broadcasting System, Inc. v. FCC, 507 U. S. 1301, 1303 (1993) (Rehnquist, C. J., in chambers); see this Court’s Rule 20.1 (“Issuance by the Court of an extraordinary writ authorized by 28 U. S. C. §1651(a) is not a matter of right, but of discretion sparingly exercised”). Unlike a stay of an appeals court decision pursuant to 28 U. S. C. §2101(f), a request for an injunction pending appeal “ ‘does not simply suspend judicial alteration of the status quo but grants judicial intervention that has been withheld by lower courts.’ ” Respect Maine PAC v. McKee, 562 U. S. ___ (2010) (quoting Ohio Citizens for Responsible Energy, Inc. v. Nuclear Regulatory Comm’n, 479 U. S. 1312, 1313 (1986) (Scalia, J., in chambers)). Accordingly, a Circuit Justice may issue an injunction only when it is “[n]ecessary or appropriate in aid of our jurisdiction” and “the legal rights at issue are indisputably clear.” Wisconsin Right to Life, Inc. v. Federal Election Comm’n, 542 U. S. 1305, 1306 (2004) (Rehnquist, C. J., in chambers) (internal quotation marks omitted).

     Applicants do not satisfy the demanding standard for the extraordinary relief they seek. First, whatever the ultimate merits of the applicants’ claims, their entitlement to relief is not “indisputably clear.” Lux v. Rodrigues, 561 U. S. ___, ___ (2010) (Roberts, C. J., in chambers) (slip op., at 2) (internal quotation marks omitted). This Court has not previously addressed similar RFRA or free exercise claims brought by closely held for-profit corporations and their controlling shareholders alleging that the mandatory provision of certain employee benefits substantially burdens their exercise of religion. Cf. United States v. Lee, 455 U. S. 252 (1982) (rejecting free exercise claim brought by individual Amish employer who argued that paying Social Security taxes for his employees interfered with his exercise of religion). Moreover, the applicants correctly recognize that lower courts have diverged on whether to grant temporary injunctive relief to similarly situated plaintiffs raising similar claims, Application for Injunction Pending Appellate Review 25–26, and no court has issued a final decision granting permanent relief with respect to such claims. Second, while the applicants allege they will face irreparable harm if they are forced to choose between complying with the contraception-coverage requirement and paying significant fines, they cannot show that an injunction is necessary or appropriate to aid our jurisdiction. Even without an injunction pending appeal, the applicants may continue their challenge to the regulations in the lower courts. Following a final judgment, they may, if necessary, file a petition for a writ of certiorari in this Court.

     For the foregoing reasons, the application for an injunction pending appellate review is denied.

     It is so ordered.

Posted by annoregni on Friday, December 28 @ 14:36:35 MST (2585 reads)
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Supreme Court Preview: What Is in Store for October 2012?
Supreme Court - Law of the Land
Federalist Society Logo
Supreme Court Preview: What Is in Store for October 2012?

D.C. Luncheon
Thursday, September 27, 2012
Co-sponsored by the Practice Groups, the Washington, DC Lawyers' Chapter, and the Faculty Division

 

Panelists:
  • Mr. Tom Goldstein, Founding Partner, Goldstein & Russell P.C.
  • Prof. Nicholas Quinn Rosenkranz, Professor of Law, Georgetown University Law Center
  • Ms. Carrie Severino, Chief Counsel and Policy Director, Judicial Crisis Network
  • Mr. Stuart Taylor, Contributing Editor, National Journal
  • Hon. Kenneth L. Wainstein, Partner, Cadwalader, Wickersham & Taft
  • Moderator: Mr. Pete Williams, NBC News Justice Correspondent
October 1st marks the first day of the 2012 Supreme Court Term. Thus far the Court's docket includes major cases about affirmative action, international law and the alien tort statute, national security, criminal law, and others. Notable cases include Fisher v. University of Texas at Austin, concerning a public university's use of race in undergraduate admissions decisions and the Equal Protection Clause; Kiobel v. Royal Dutch Petroleum, about the application of the Alien Tort Statute to human rights abuses abroad, and whether the statute covers corporations; Clapper v. Amnesty International USA, regarding the right to challenge the constitutionality of a global terrorism wiretapping program; Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, concerning the proof that investors need to pursue a securities fraud claim by class-action lawsuit; and Florida v. Harris and Florida v. Jardines, about police use of a drug-sniffing dog to search the exterior of a private residence under the Fourth Amendment, and whether a dog's "alert" constitutes probable cause for search of a private vehicle. The Court is also likely to add other significant cases, including potentially a case filed by proponents of California's "Proposition 8" challenge, which now has a certiorari petition pending. In addition to these cases and others, the panelists will discuss the current composition and the future of the Court, a particularly timely topic in light of the upcoming presidential election.
 
 
 
 
 
UPCOMING EVENTS
 
For upcoming Student and Lawyers Chapters events:
Click here

 

The Federalist Society
1015 18th Street, NW
Suite 425
Washington, D.C. 20036
Tel: (202) 822-8138
info@fed-soc.org


 
DATE: Thursday, September 27, 2012
TIME: 12:00 noon - 2:30 p.m.
LOCATION: National Press Club
529 14th St NW
COST: $25 (lunch included). No charge for press.

Please RSVP as space is limited for this event.

Please click here to register online for this D.C. Luncheon; you can still pay at the door by completing your registration online. Please include the names of all registrants.
Please call 202-822-8138 with questions.


The Federalist Society
 
 
Posted by annoregni on Tuesday, September 25 @ 07:22:47 MST (2658 reads)
(Read More... | Score: 0)




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Time for Congress to Impeach the Supreme Court Justices
Supreme Court - Law of the Land Time for Congress to Impeach the Supreme Court Justices that Voted Against Arizona

Time for Congress to Impeach the Supreme Court Justices that Voted Against Arizona's Illegal-Alien Laws

For the Reasons stated in their decision they have failed to  give true obedience to 

The Constitution of the United States of America

10th Amendment

 

Powers Reserved to States or People. -- The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. U.S. Constitution U.S. Con. 10th Amd. (1791)

The Marxist majority on the courts says that it is "fundamental that foreign countries concerned about the status, safety and security of their nationals in the United States must be able to confer and communicate on this subject with one national sovereign, not the 50 separate states." States like Arizona should not be permitted to intrude on "*ne of the most important and delicate of all international relationships," namely "the protection of the just rights of a country’s own nationals when those nationals are in another country."

Illustration Supreme Court by Greg Groesch for The Washington Times

This is twisted logic. It asserts that because foreign leaders might browbeat an American president over a state mandate, that law must be invalidated. Because foreign governments may be concerned about the rights - real or imagined - of their citizens who entered the United States illegally, the "delicate relationship" between the countries overrides any other concerns.

These words of the court are not found in nor alluded to in any part of the Constitution [within its four corners].    

The words unfortunately however follow the ideology of the utopianism that has been the foundation of several über-violent movements of the last century which have resulted in over 100 million deaths and now those of the governments that the Court has caved into.

There is no utopia; those who have strived to make the impossible real, to implement their grand visions of life have been the agents of death and destruction on a scale surpassed only perhaps by Islam. Alinsky, like the Koran, Sira, and Hadith, represents morality turned upside down or abandoned entirely in favor of cold pragmatism.

Foreign law rules in U.S. courts

Supremes say state laws cannot offend touchy leaders abroad

 

For full article

To Send Us A Comment

Posted by david on Monday, July 16 @ 14:10:25 MST (2993 reads)
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2012 Annual Supreme Court Round Up
Supreme Court - Law of the Land UARF's Annual Supreme Court Round Up
The Federalist Society
2012 Annual Supreme Court Round Up
 
Olson
Hon. Theodore B. Olson

Partner, Gibson Dunn & Crutcher LLP
and Former U.S. Solicitor General

 
 
 
For more upcoming
events: Click here
 

DATE: Friday, July 6, 2012
TIME: 12:00 noon - 2:00 p.m.

 

LOCATION: The Mayflower Hotel
1127 Connecticut Avenue, N.W.
Washington, D.C.

COST: $50 per person (includes lunch)
Please click here to register online for the 2012 Supreme Court Round Up. You can also choose to pay at the door by completing your registration online. Please include the names of all registrants.

If you would like to purchase a table, contact Juli Nix at

juli.nix@fed-soc.org for details.

 

The Federalist Society
Posted by annoregni on Thursday, June 14 @ 08:47:11 MST (2854 reads)
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I don't have to win that case to know that my challenge is serious.''
Supreme Court - Law of the Land

QUOTATION OF THE DAY

"When the Supreme Court grants six hours of oral arguments over three days, I don't have to win that case to know that my challenge is serious."

RANDY E. BARNETT, a law professor at Georgetown University who has argued that President Obama's health care legislation is unconstitutional.

Posted by annoregni on Tuesday, March 27 @ 11:06:33 MST (3039 reads)
(Read More... | Score: 5)




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People of the US v. Obama week of March 26, 2012
Supreme Court - Law of the Land

Cast of Lawyers Arguing Supreme Court Health Care Cases Now Set

Solicitor General Donald Verrilli's swallowtail morning coat will get heavy use the week of March 26.

The Justice Department ha just confirmed that Verrilli will rise to argue in three of the four separate and historic arguments on the constitutionality of the Affordable Care Act later this month. Those will be: the jurisdictional issue under the Anti-Injunction Act, set for argument first, on March 26; the minimum coverage -- or individual mandate -- provision on March 27; and the Medicaid expansion question on March 28.

Veteran Deputy SG Edwin Kneedler, with more than 100 arguments under his belt, will take on the fourth issue, the severability question, also set for March 28. Verrilli's heavy personal involvement in the arguments is just one more sign of the importance the Obama administration has attached to defending the embattled law.

Verrilli's adversary, Paul Clement of D.C.'s Bancroft firm, will rise to challenge the law in three of the four arguments. 

 The jurisdictional question, which will be handled by Greg Katsas, a Jones Day partner. 

Katsas's colleague Michael Carvin will join Clement on the minimum coverage issue. Clement represents states challenging the law, while Carvin is the point man for private entities. Two other lawyers -- Robert Long of Covington & Burling and H. Bartow Farr III of Farr & Taranto -- have been appointed by the Court to represent orphaned arguments on the jurisdictional and severability issues, respectively.

All seven lawyers arguing in the cases are white males. By tradition, male lawyers -- and some female lawyers -- in the SG's office wear traditional morning coats for Supreme Court arguments. 

 

Posted by annoregni on Thursday, March 15 @ 03:42:55 MST (2603 reads)
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Supreme Court Orders Reargument in Alien Tort Statute Case
Supreme Court - Law of the Land

Supreme Court Orders Reargument in Alien Tort Statute Case

The U.S. Supreme Court on Monday ordered reargument in a major challenge involving lawsuits against corporations for human rights violations under the Alien Tort Statute.

Kiobel v. Royal Dutch Petroleum originally asked the justices whether corporations could be sued under the 1798 federal law. That question was argued on Feb. 28. In Monday’s order, the justices directed the parties to file supplemental briefs on whether the statute allows federal courts to hear lawsuits alleging international law violations that occur outside of the territory of the United States.

The Alien Tort Statute (ATS) authorizes federal district courts to hear civil actions by aliens for torts committed in violation of the law of nations or a treaty of the United States.

The extraterritoriality issue was not considered by the U.S. Court of Appeals for the 2nd Circuit in the Kiobel case. The federal appellate court held that corporations could not be sued under the statute.

But the extraterritoriality question did figure prominently in questions during the Supreme Court arguments, questions primarily by justices Anthony Kennedy and Samuel Alito Jr. Noting the foreign plaintiffs, the foreign defendants and the foreign conduct in Kiobel, Alito asked, "What business does a case like that have in the courts of the United States?"

"It’s clear [the justices] had concerns about the extraterritorial application of the ATS, but it was also clear everyone seemed to think it wasn’t briefed," said human rights scholar John Knox of Wake Forest School of Law. "It’s not surprising they would ask for additional briefing if they decided to focus on that issue. It is a little surprising only in that you would expect them to pass on the issue that was before them, which is a pretty important issue: whether corporations are subject at all."

The stakes for human rights groups and litigators are "pretty high" regardless of which question the justices answer, he added.

"If Kiobel as briefed was decided in favor of the 2nd Circuit, that would have massive ramifications in that you could never bring an action against a corporation," Knox explained. "If they say the ATS doesn’t apply at all to actions taking place under the jurisdiction of another government, that obviously would have ramifications for all kinds of cases, not just against corporations but even individuals who clearly would be covered under existing ATS jurisprudence, individuals accused of committing war crimes or genocide. It would cast doubt on fundamental precedents of the ATS."

The Court’s order sets out a briefing schedule for the parties that runs to June 29. The Kiobel plaintiffs—12 Nigerians—are represented by Paul Hoffman of Schonbrun DeSimone Seplow Harris Hoffman and Harrison in Venice, Calif. Royal Dutch Petroleum and two other oil companies are represented by Kathleen Sullivan of New York’s Quinn Emanuel Urquhart & Sullivan.

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Posted by david on Thursday, March 08 @ 07:19:02 MST (2613 reads)
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SCOTUS ~ "Remove not the Ancient Landmark, which thy fathers have set."
Supreme Court - Law of the Land editor writes "Proverbs, XXII-28 says what the Bench forgets "Remove not the Ancient Landmark, which thy fathers have set." That is what Ginsburg and her fellow members of the bench have done.

I've been in court and have heard the bench say, " I don't like that law, I think it is bad and will not go with it [honor it/follow it]."

It seems that the oversight deemed necessary of the bench has failed as those who have that the duty of oversight have such a distaste for it that they have and continue to allow the bench to flaunt the law.

James Beck address this in several of his treatises on the vanishing rights [natural rights] of the individual and those of the states."
Posted by annoregni on Monday, February 06 @ 15:06:05 MST (2509 reads)
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GOP / RHINOS Screwed you with Kagan
Supreme Court - Law of the Land

This woman's going to rule on Obamacare?

Careful look at Supreme Court justice's record shows startling activism

With the debate raging about whether Supreme Court Justice Elana Kagan should recuse herself from any hearing on President Obama's health-care legislation, a closer look at Kagan's academic writings and previous work history paints a picture of a woman who strongly supports court intervention.

Prior to her top court position, Kagan served as U.S. solicitor under Obama, where her possible advocacy for the president's centerpiece health-care legislation has come into question.

A former clerk to Abner Mikva at the D.C. federal appeals court, Kagan was also heavily involved in promoting the health-care policy of the Clinton administration, which served as the foundation for what would become Obamacare.

WND previously reviewed Kagan's sparse academic writings – she penned just nine articles, two of which are book reviews.

Kagan shows strong beliefs for court intervention in speech, going so far as to assert free speech should be weighed against "societal costs." She has also advocated silencing some kinds of speech, stating, for example, speech that promotes "racial or gender inequality" could be "disappeared."

In her 1993 article "Regulation of Hate Speech and Pornography After R.A.V" for the University of Chicago Law Review, Kagan writes: "I take it as a given that we live in a society marred by racial and gender inequality, that certain forms of speech perpetuate and promote this inequality and that the uncoerced disappearance of such speech would be cause for great elation."

Also in a 1996 paper, "Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine," Kagan argued it may be proper to suppress speech because it is offensive to society or to the government.

The paper asserted First Amendment doctrine is comprised of "motives and … actions infested with them," and she goes so far as to claim, "First Amendment law is best understood and most readily explained as a kind of motive-hunting."

Posted by annoregni on Wednesday, November 23 @ 05:08:30 MST (2737 reads)
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Justice Thomas Criticizes Left-Leaning Law Schools and Cynicism
Supreme Court - Law of the Land

"I don’t know about all of these big moral questions any better than anybody else,"

***

“It really helps to go see that other people are doing things, that they actually believe in their country, that they actually want it to work, that they’re willing to sacrifice,” Thomas said. “That’s what I hear. I think we dishonor them when we go inside that Beltway and we become a tower of Babel and only talk to each other in a sort of cynical, smarmy way.”

Justice Thomas Criticizes Left-Leaning Law Schools and Cynicism

Justice Clarence Thomas says he likes to travel outside of Washington, D.C. so he can get away from the Inside-the-Beltway cynicism.

Speaking last Thursday to University of Nebraska-Lincoln law students, Thomas criticized elite law schools for leaning left and criticized Washington, D.C., for the cynical attitudes that prevail, Radio Iowa reports. He said traveling elsewhere, especially the Midwest, gives him hope.

“It really helps to go see that other people are doing things, that they actually believe in their country, that they actually want it to work, that they’re willing to sacrifice,” Thomas said. “That’s what I hear. I think we dishonor them when we go inside that Beltway and we become a tower of Babel and only talk to each other in a sort of cynical, smarmy way.”

Thomas also said the Supreme Court is being asked to play too large a role in decisions that are better left to the other branches of government, according to Radio Iowa and the Lincoln Journal Star. “I don’t know about all of these big moral questions any better than anybody else,” he said.

Posted by annoregni on Friday, September 23 @ 06:19:09 MST (2638 reads)
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