Tag: Supreme Court

Ted Cruz Thinks There Are Only Two Votes on the Supreme Court to Overturn Roe. What?

This dynamic bubbled up to the surface most recently last June, when the Supreme Court ruled in Bostock v. Clayton County that gay and transgender workers are protected by Title VII’s ban on workplace discrimination. The 6-3 ruling was written by none other than Justice Neil Gorsuch, the deeply conservative jurist that former President Donald […]

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From Right to Left, There Are Plenty of Culprits for the Looming Roe Disaster

People sometimes refer to Collins as naïve, or hopelessly naïve. This is nonsense. She lied. Maine leans Democratic overall, but its GOP is nuts; remember Paul LePage? She obviously feared a primary if she didn’t find some lame excuse to vote for Kavanaugh. If Roe is overturned next June, she’ll undoubtedly profess her “shock” and […]

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The Supreme Court Will Overturn Roe v. Wade

During oral arguments on Wednesday, Roberts questioned Mississippi Attorney General Scott Stewart on the about-face. The chief justice appeared to be trying to carve out a middle ground of sorts, one where the court might narrowly uphold the law without overturning Roe and Casey outright. Oral arguments, as I noted last week, are often a […]

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“Patients Call, and They Think Abortion Is Already Illegal”

On Wednesday, the Supreme Court will take up the Mississippi law that many legal experts expect to eventually overturn Roe v. Wade, or at least make it obsolete. The case, Dobbs v. Jackson Women’s Health Organization, addresses a Mississippi law that prohibits abortion 15 weeks after “the first day of the last menstrual period,” an […]

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The Supreme Court Is Poised to Sabotage the Administrative State

Most members of the Supreme Court’s conservative bloc have aired similar complaints. Perhaps most famously, Justice Neil Gorsuch sharply criticized Chevron deference while serving on the Tenth Circuit Court of Appeals, arguing that it allowed “executive bureaucracies to swallow huge amounts of core judicial and legislative power and concentrate federal power in a way that […]

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The Supreme Court Will Settle Boston’s Religious-Flag War

To that end, Boston has flown all manner of flags from the third flagpole over the years. As the plaintiffs told the court in their petition, the city “has approved private groups’ flag raisings for celebrations of the countries of Albania, Brazil, Ethiopia, Italy, Panama, Peru, Portugal, Puerto Rico, Mexico, as well as China, Cuba, […]

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The Dark Side of Steve Bannon’s Contempt Case

After Democrats captured the House in 2018, however, Trump embraced a scorched-earth approach to most high-profile congressional investigations. In litigation battles over allowing testimony from his aides and handing over his financial records, he sought to delay and drag out litigation as long as possible. During his presidency, that meant pushing its outcome past the […]

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The Amy Coney Barrett Effect: An Emboldened Conservative Legal Movement

But these rulings, as others have noted, are often better understood as right-wing defeats by overreach than left-wing victories by persuasion. In some cases, a Supreme Court with five conservative justices may hesitate to strike down an affirmative-action program or resist calls to enshrine anti-LGBT discrimination into law. A Supreme Court with five liberal justices […]

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Only a Death-Row Prisoner Could Make the Supreme Court Skeptical of a Religious Freedom Claim

It still wasn’t enough for Justice Samuel Alito, who wrote a dissent in Murphy’s case, joined by Thomas and Justice Neil Gorsuch, where he argued that both men should have been denied a stay of execution because of timing reasons. “This Court receives an application to stay virtually every execution; these applications are almost all […]

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The Case of the Fitness Instructor Who Spied on California Muslims—Then Helped Them Sue the FBI

Fazaga and the other plaintiffs told the Supreme Court that despite the government’s efforts to dismiss the religious-discrimination claims on state-secrets grounds, the plaintiffs don’t actually need any state secrets to prove their case. “Only they possess the information they seek to keep secret, and Plaintiffs have not sought it to establish their entitlement to […]

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The Supreme Court’s Plot Against Democracy—and the Planet

It’s been a jam-packed week for the Supreme Court: On Monday, the justices delved into Senate Bill 8, Texas’s controversial abortion bounty law, and sounded very skeptical about whether they’ll allow it to stand. A day later, they waded into a thorny dispute between members of a community college board, in a case that could have far-reaching First Amendment […]

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Everything You Need To Know About Abortion Laws In the US

Pro-choice demonstrators protest outside of the US Supreme Court in Washington, DC on November 1, 2021. (Photo by Yasin Ozturk / Anadolu Agency via Getty Images) After a decade-long, coordinated attack on abortion rights, abortion opponents have never been closer to their ultimate dream: overturning Roe v. Wade, the 1973 Supreme Court decision that legalized […]

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There’s Nothing Moderate About a Ban on Abortions at 15 Weeks

Last month, Jon A. Shields, a self-described “conservative professor” at Claremont McKenna College, made the unconvincing case for a “liberal compromise on abortion” in the pages of The New York Times. Writing that “common moral intuitions about abortion” have “quietly moderated” what he called a “liberal civil war,” Shields pointed to the fact that about […]

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The Supreme Court Isn’t Gun-Shy Anymore

Debates about the Second Amendment tend to be dense on historical reading. In Heller and McDonald, the court’s conservative justices took an originalist approach, drawing upon what they saw as the original public understanding of the right to bear arms at two key points in American history: when the Second Amendment was ratified shortly after […]

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A Texas Political Spat Has Dragged the Supreme Court Into a Free Speech Dilemma

The hypotheticals did not abate as the arguments went on. What about administrative agencies with multi-member boards and courts with multiple judges, Justice Samuel Alito asked? Should they be treated differently from legislative bodies in this context? “As far as history goes, yes, because we do have a historical tradition of elected legislative bodies exercising […]

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The Supreme Court Won’t Gut Roe the Way Texas Wants Them To

Those concerns appeared to resonate among at least three of the court’s conservative justices. Chief Justice John Roberts, who dissented from the court’s decision to allow S.B. 8 to go into effect in September, asked whether a law allowing a $1 million bounty instead of a $10,000 bounty would create enough of a chilling effect […]

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The Supreme Court Won’t Gut Roe the Way Texas Wants It To

Those concerns appeared to resonate among at least three of the court’s conservative justices. Chief Justice John Roberts, who dissented from the court’s decision to allow S.B. 8 to go into effect in September, asked whether a law allowing a $1 million bounty instead of a $10,000 bounty would create enough of a chilling effect […]

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Democrats May Need to Embrace Gerrymandering to Abolish It

Texas might be the best example of these imbalances at the moment. State lawmakers just wrapped up the state’s first redistricting process without federal oversight under the Voting Rights Act of 1965 in roughly a half-century. Texas gained two seats in the most recent election, with the state’s growing Hispanic community accounting for nearly all […]

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Mitch McConnell Praised Clarence Thomas’ Anti-Abortion Stance Hours Before SCOTUS Upheld Texas Ban Again

NewsOne Featured Video Source: Drew Angerer / Getty Hours before the Supreme Court shut down any hope of halting the extreme Texas abortion ban that went into effect last month, Senate Minority Leader Mitch McConnell praised Justice Clarence Thomas. Guardian Columnist Moira Donegan caught the questionable conflict of interest. Per the recap Donegan shared, during […]

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The Supreme Court Now Has Roe in Its Sights

At the same time, in Whole Woman’s Health v. Jackson, the justices agreed to decide the case on the merits of whether a state can structure a law like S.B. 8 at all. The clinic framed the Texas law as an unprecedented act of defiance to the Supreme Court’s authority. “Had a state after Brown […]

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Trump’s Defense Against the January 6 Commission Discovers New Depths of Cynicism

The lawsuit also criticized the Biden administration for giving Congress access to the records, which prompted Trump’s lawsuit in the first place. “Notably, the Biden administration’s waiver of executive privilege is a myopic, [sic] political maneuver designed to maintain the support of its political rivals and is not based on any discernable legal principle,” Trump’s […]

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On the Next Stop of Their Controversial Tiffany’s Campaign, the Carters Get Cute—but Blue Ivy Steals the Show

As previously reported by The Root, the Carters’ partnership with Tiffany & Co. includes a $2 million About Love Scholarship program through BeyGOOD and the Shawn Carter Foundation for five smaller HBCUs: Lincoln University in Pennsylvania, Norfolk State University in Virginia, Bennett College in North Carolina, University of Arkansas at Pine Bluff and Central State […]

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Release the January 6 Documents!

Democrats have huffed and puffed threatened him with contempt, but thus far the tactic is working. Bannon can use bad faith legal arguments to keep the January 6 Committee at bay, knowing that the only option at Congress’ disposal is to file suits that will take time to worm their way through the judicial system […]

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The White House Report on Supreme Court Reform Made a Glaring Omission

So, with court-packing off the table, what is left? Some reform proposals have suggested requiring the court to hear cases in panels, similar to the practice used by the federal appellate courts, or rotating justices between the lower federal courts and the Supreme Court. The draft materials suggested that a rotation system as articulated by […]

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Katie Couric’s Unforgivable Lie of Omission

Clearly, that’s hogwash. Ginsburg spent several minutes in the original video unpacking her thoughts about race and policing; the omitted portion flowed naturally and coherently from the points she’d already made. She understood the question perfectly well and provided a thorough response; it just happened to be an abysmal one. And Couric fully understood that […]

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Stephen Breyer’s Supreme Delusions

Breyer is clearest about one point of overriding importance: that it would be dreadful to abandon the line between politics and law, wherever that line is—and that those calling for political reform of a political institution are dangerous. The “highly nuanced” reality of judicial politicking, the justice writes, is at odds with the impression of […]

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Daniel Cameron Wants Supreme Court To Bend Procedure So He Can Restrict Abortion In Kentucky

NewsOne Featured Video Source: Alex Wong / Getty All eyes are on the Supreme Court with oral arguments in the Mississippi Abortion case scheduled for Dec. 1. But a procedural question in a Kentucky case could be another deciding moment in the fight for abortion.  Cameron v. EMW Women’s Surgical Center is an example of […]

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Why Norma McCorvey Switched Sides

Driven not by ideals so much as by pain and anger, Norma McCorvey was prone to outbursts, and frequently off message. Her conversion brought a lot of pain, especially for Gonzales, as McCorvey, over time, began to profess that homosexuality now appalled her and “that she herself had never really been gay.” But perhaps no […]

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The Texas Abortion Ban Is on Pause. But Can Texans Get Abortions?

Demonstrators hold up signs at a pro choice abortion protest outside the Texas state capitol on May 29, 2021 in Austin, Texas. (Photo by Sergio Flores/Getty Images) Want the best of VICE News straight to your inbox? Sign up here. A federal judge has put the most restrictive abortion law in the United States on pause—but […]

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The Supreme Court Could Save Tribal Sovereignty—or Demolish It

In one particularly cynical footnote, the Brackeens argued that even if the court adopts their race-based approach to Indian law, the other federal statutes that would be affected are largely nineteenth-century relics of a more overtly racist past, including one that contributed to the problem the ICWA was designed to fix. “To be sure, some […]

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