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US Supreme Court

Time for a Level Playing Field at the Supreme Court

Evan Bernick | Posted 10.21.2014 | Politics
Evan Bernick

In the vast majority of constitutional cases, the playing field is tilted decisively in favor of one side: The government.

When Excellent Sheep Grow Up

Aaron Zelinsky | Posted 10.15.2014 | Books
Aaron Zelinsky

Many have identified the weaknesses in Deresiewicz's jeremiad. In his forthcoming novel, Supreme Ambitions, David Lat, founder of the legal blog Above the Law, takes a different approach. What happens, he asks, to all those excellent sheep after graduation? His answer won't surprise many: The sheep get herded to law school.

Debtor's Prisons in Kentucky and Other Horrors of the Justice System

Don McNay | Posted 10.14.2014 | Crime
Don McNay

What is going on in Kentucky is apparently going on in various pockets of the nation. It has to stop because it is wrong. It also has to stop unless the rulings of the Supreme Court mean nothing to people charged with upholding them.

Voting Rights: What You Need to Know and How the Supreme Court Is Failing Us

Janessa E. Robinson | Posted 10.13.2014 | Politics
Janessa E. Robinson

As the U.S. Supreme Court rightfully makes way for same-sex marriage across the country, it simultaneously regresses policy on another civil liberty, voting rights.

After SCOTUS Decision, First Same-Sex Couples Wed In Five New States

The Huffington Post | Curtis M. Wong | Posted 10.11.2014 | Gay Voices

Lesbian, gay, bisexual and transgender (LGBT) couples across Indiana, Oklahoma, Utah, Virginia and Wisconsin scrambled to tie the knot Oct. 6 after th...

Why the Supreme Court Waited on Marriage Equality

Adam Winkler | Posted 10.06.2014 | Politics
Adam Winkler

Today the Supreme Court announced it would not hear a marriage equality case in the near future, turning down several appeals of lower court rulings that voided bans on same-sex marriage. No doubt this is a disappointment to many who have been waiting for the Court to declare marriage equality a constitutionally protected right. Yet the decision is still a major victory for LGBT rights. Same-sex marriage is absolutely necessary for our country to fulfill its constitutional promises of equal protection and due process of law. Yet there were good reasons for the Court to hold off on deciding the marriage question this term.

Supreme Court Rejects Challenge To Ozone Regulations

Reuters | Posted 10.06.2014 | Politics

By Lawrence Hurley WASHINGTON, Oct 6 (Reuters) - The Supreme Court on Monday rejected an industry challenge to U.S. Environmental Prot...

Next Supreme Court Term Will Be 'More Important Than Any In The Last 50 Years,' Court Watcher Says

The Huffington Post | Igor Bobic | Posted 10.04.2014 | Politics

One of the nation's most well-known observers of the Supreme Court says the high court will face more consequential legal questions in the next few ye...

Supreme Court To Hear Cases Over Employment, Housing Bias

AP | SAM HANANEL | Posted 10.02.2014 | Politics

WASHINGTON (AP) — Did retailer Abercrombie & Fitch discriminate against a Muslim woman who was denied a job because her headscarf clashed with the c...

Our Politically Polarized Supreme Court?

Geoffrey R. Stone | Posted 09.25.2014 | Politics
Geoffrey R. Stone

A good deal of the growing lack of confidence in the Supreme Court these days is due precisely to the concern that the justices are increasingly voting in ways that reflect the political values and preferences of the presidents who appointed them. Americans, in other words, increasingly believe that the justices are voting as "Republicans and Democrats." If this is so, it is not because the justices are "repaying" the favor of their appointment, but because presidents have gotten better at selecting nominees whose judicial approaches are likely to lead them to vote in ways that more or less conform to the appointing president's own political values and preferences. But is any of this true? To test this possibility, I did a simple, back-of-the-envelope "study."

GOP Defrauds Voters

Leo W. Gerard | Posted 09.22.2014 | Politics
Leo W. Gerard

The GOP is working desperately to deny the right to vote to citizens it doesn't like. You know, poor people, black people, Hispanic people, old people, female people, especially people it believes are inclined to vote for Democrats.

IRS Can End 'Dark Money' in Federal Elections

Fred Wertheimer | Posted 09.02.2014 | Politics
Fred Wertheimer

New regulations must establish a clearly defined, restrictive limit on how much campaign activity a group can engage in and still be eligible for 501(c)(4) tax status.

Supreme Court Justice Calls Constitution A 'Flawed Document'

The Huffington Post | Lydia O'Connor | Posted 07.22.2014 | Politics

Supreme Court Justice Anthony Kennedy conceded Thursday that the Constitution is not meant to be interpreted in its original, literal state, the San F...

Does a Corporation Have a Soul?

Rev. Chris Glaser | Posted 09.20.2014 | Religion
Rev. Chris Glaser

The U.S. Supreme Court has launched an entitlement program for corporations. They are now considered individuals, and individuals with faith. Makes me wonder, if corporations go bankrupt, will they dream?

Constitutional Rights in the Digital Age

Nancy Leong | Posted 09.18.2014 | Technology
Nancy Leong

Just as cell phones are different from ordinary physical objects, the Internet is dramatically different from earlier speech mediums. And the Court should acknowledge those differences in determining the scope of First Amendment protection for speech.

Fighting Back Against 'Hobby Lobby'

Eric T. Schneiderman | Posted 09.16.2014 | New York
Eric T. Schneiderman

New York State has long been a leader in advancing women's equality, stretching back to the Seneca Falls Convention 166 years ago this weekend. Sadly, as we mark this important anniversary, hard-won victories by the women's rights movement are being threatened by a radical right wing that seeks to roll back the progress we've made.

Religious Tests For Public Office And The Constitution

Geoffrey R. Stone | Posted 09.13.2014 | Politics
Geoffrey R. Stone

It is, one would hope, highly unlikely that the religious test issue will ever again come before the Supreme Court. But if it does, who knows what these five justices will do?

The Reality Of Abortion Clinics Without Buffer Zones

The Huffington Post | Melissa Jeltsen | Posted 07.14.2014 | Politics

It's been just over two weeks since the Supreme Court struck down Massachusetts' abortion clinic buffer zones, which required protesters to stay at le...

Telling the Police to F*** Off: Risky First Amendment Business

Clay Calvert | Posted 09.09.2014 | Crime
Clay Calvert

Before you administer a little dose of "F You" to the man, you might think twice about whether you want to fight it out in court.

Why Collective Bargaining Is a Fundamental Human Right

Robert Creamer | Posted 09.08.2014 | Politics
Robert Creamer

The ability for ordinary working people to organize and collectively bargain over their wages and working conditions is a fundamental human right. It is a right just as critical to a democratic society as the right to free speech and the right to vote. Over the last 30 years many in corporate America and the big Wall Street banks have conducted a sustained attack on that human right. Unionization dropped from 20.1 percent of the workforce in 1983 to 11. 3 percent in 2013 -- and the results are there for everyone to see. The simple fact is that absent government regulation and collective bargaining agreements, the market by itself does not assure that everyone shares in the fruits of society's increased economic productivity. In fact, we know that just the opposite is true.

One or Two Cheers for Unanimous Supreme Court Decisions

Peter H. Schuck | Posted 09.07.2014 | Politics
Peter H. Schuck

Dissenting opinions are almost always good both for the law itself and for public understanding of it. They should not be disparaged as obstreperous division.

Obama Choosing the Wrong Enemies

Robert Miraldi | Posted 09.07.2014 | Politics
Robert Miraldi

The Obama administration is toying with whether to send New York Times reporter James Risen to jail for refusing to reveal a source involved in a federal leak investigation dating back to 2006.

Why the Hobby Lobby Decision Is a Stunning Setback for Women's Rights

Lisa Bloom | Posted 09.06.2014 | Women
Lisa Bloom

Defensively, the five Catholic male Supreme Court justices in the majority took some time to insist that their ruling is narrow. Don't believe it. The decision is a radical departure from prior law with monumental implications.

Republicans Are Stripping Away Rights That Others Fought So Hard to Obtain

Mark Baer | Posted 08.31.2014 | Politics
Mark Baer

Since the Supreme Court issued its decision, many people have suggested boycotting Hobby Lobby and other such businesses. While I support such a decision, it misses the bigger issue.

Hobby Lobby Shows the Need for a More Diverse Supreme Court

Hilary Stauffer | Posted 09.02.2014 | Politics
Hilary Stauffer

The United States Supreme Court ended its most recent judicial term this week in a characteristically dramatic fashion. The Court often leaves the mo...