Tag: Supreme Court

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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The Supreme Court’s Next Big Gun Rights Case Has Allies Trading Fire

Though medieval English legal theory might seem ill-fitting for contemporary American life, the ACLU argued that restrictions on carrying arms in public are just as important, if not more so, in a modern democracy. “Self-government depends on the ability of the people to participate fully in civic, political, and economic life,” the ACLU argued in […]

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It’s Not My Fault That People Don’t Like the Supreme Court Anymore

It’s also worth noting that the justices themselves are rarely better at public engagement than the institution. Their public appearances are generally limited to law-school lectures or presentations to various legal groups, with reporters often forbidden from filming them. Unless they are part of book tours like the one Breyer is currently on, the justices […]

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The Baffling Legal Standard Fueling Religious Objections to Vaccine Mandates

When people apply for a religious exemption from a COVID-19 vaccine, they are stepping into a legal world shaped by Seeger. Even though that case was technically just about the interpreting the draft act, it quickly began to influence religious freedom in many other arenas. For example, when the Equal Employment Opportunity Commission (EEOC) evaluates […]

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The Trump Lawyer Plotting the Next American Coup

At the end, [Pence] announces that because of the ongoing disputes in the 7 States, there are no electors that can be deemed validly appointed in those States. That means the total number of “electors appointed”—the language of the 12th Amendment—is 454. This reading of the 12th Amendment has also been advanced by Harvard Law […]

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The First Plaintiffs to Sue Under the Texas Abortion Ban Are as Ridiculous as the Ban Itself

The lawsuit is also unusual in other ways. Stilley spent almost an entire page making unrelated assertions about Braid and his beliefs. The complaint claims that Braid “is kind and patient and helpful toward bastards, but ideologically opposed to forcing any woman to produce another bastard against her own free will,” that he “has some […]

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Vaccine Mandates and the God-Given Right to Spread Covid

It’s unclear exactly how these religious exemptions—and all the complexities that come with them—will unfold in the courts. Laws vary from state to state, and even the federal government is playing catch-up. “An agency may be required to provide a reasonable accommodation to employees who communicate to the agency that they are not vaccinated against […]

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There May Be No Realistic Way to Fix Gerrymandering

Roberts concluded that they were asking the court to impose proportional representation on American elections, which the Constitution neither denies nor demands. “The Founders certainly did not think proportional representation was required,” he wrote. “For more than 50 years after ratification of the Constitution, many states elected their congressional representatives through at-large or ‘general ticket’ […]

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