Posts tagged as Supreme Court
The Most Hilarious Clarence Thomas Opinionating Yet
If you haven't had a chance to read Clarence Thomas' dissent in Brown v. Entertainment Merchants Association, which was decided in late June, you have denied yourself good times! Our Special Correspondent for Supreme Court LOLs breaks it down for us, and it's GREAT STUFF. READ MORE
Supreme Court: Suck It, Fourth Amendment!
Back in January, we wrote about Kentucky v. King, when, during the arguments, we got to have Justice Scalia tell us that one important tool of policing was that criminals were stupid. Well, the joke's on us! Eight to one, the Supreme Court agrees (decision here [PDF]) that if the police "hear something" that sounds like evidence being destroyed, because they come a-knocking, they can break down your door. This is one of those special days when liberals and libertarians come together in horror! Hold us closer, Justice Ginsburg, lone dissenter!
'Kentucky v. King': But Shouldn't Stupid People be a Protected Class?
Things are being kind of crazy up in the Supreme Court right now! One thing that is happening is that there is a question before the Court of whether, basically, cops can bang loudly on your door and then decide they hear you flushing drugs and then come on in and arrest you. (Which, I'm thinking: no, not really!) So we have these notable moments on the floor, such as: "I don't know if crack cocaine smells or not," says Justice Sotomayor. BREAKING: NEW JUSTICE TOO HIGH TO REMEMBER WHAT CRACK SMELLS LIKE. And then there's everyone's pal, Justice Scalia, who comes in with this doozy. His point is that cops get to make legal arrests when people consent to searches because they're too dumb to say no, and that's a great thing! Oh yes: "The problem I have is there are a lot of constraints on—on law enforcement, and the one thing that—that it has going for it is that criminals are stupid."
Most Exciting Cases Of The New Supreme Court Term
All case summaries via SCOTUSblog. READ MORE
Childless Careerist Lady Gets Better Job
63-37, the Senate approved Elena Kagan, who is either a SECRET MARXIST LESBIAN or a PRO-CORPORATE IVY LEAGUE POLICY WONK TOADY, to the Supreme Court. Both sides, however, can agree that she is suspiciously childless, and overly devoted to her work. Her duties will include not having to hear the Prop 8 case when the Supreme Court denies cert.
Sonia Sotomayor Follows in Clarence Thomas' Footsteps (And Sells Memoir)
We know one person Sonia Sotomayor's going to be like on the bench. Surprise, it's Clarence Thomas! Because they are both memoir whores. Even more so than vice-presidential literature, can any other genre of memoir be more sanitized and less of interest to the present or history?
Clarence Thomas: He's the Chief Activist Judge!
Supreme Court nerds should give this lengthy SCOTUSblog run-down on the term a serious read. Most notable to me: "Although some cases are decided five to four, that's no more than twenty percent of the docket this Term (we're running the final numbers now). Roughly half the decisions are nine to zero. Only slightly more than one in ten cases involved the narrow liberal-conservative divide (fewer, if we don't include cases in which we presume Justice Sotomayor would have voted with the left had she not been recused)... Among all the Justices, it is in fact Scalia and Thomas-frequently heralded by conservatives as ideal members of the Court-who hesitate the least in invalidating legislation or (with respect to Thomas) calling for the overruling of prior precedent.... Just as fascinating is Justice Thomas's openness to reconsidering almost every issue in the law that he views as wrongly decided. This Term, he wrote eight separate opinions suggesting the reconsideration of existing law."
When Will the Supreme Court Affirm the Constitutional Right to Not Be Shot?
This song is getting tiresome and out of tune: the Supreme Court, 5 to 4, has just decided that, essentially, no state or local government may prevent our proud citizens from owning guns. But what about the states' rights, to do as they see fit? Clearly the owning of guns is not an issue regarding which we must protect our sovereign states from those meddlers in the Congress. And what about everyone's right to liberty-our right to not be shot and stuff? In light of a brutal gun attack on Saturday- three people in a crowd were randomly shot Saturday night in San Francisco at a gay event-it seems worthwhile to look at Justice Stevens' rather stern dissent. READ MORE
Only Clarence Thomas Brave Enough To Protect Bigots from Angry Gays
Today's Supreme Court decision in Doe v. Reed is worth knowing about, if you can bear with it. Corrections to what follow are welcome, and yes, I've omitted lots of the arguments in the interest of clarity. So! Last year in Washington State, the Governor signed into law a Senate bill that "ensures that under state law state-registered domestic partners are treated the same as married spouses." Anti-gay marriage forces quickly organized to put up a ballot measure to undo it. They got 137,000 to sign the necessary petition; the secretary of state certified those signatures. And then, when the secretary of state acknowledged that he was bound by state law to release this as a public document upon request, he was sued by the anti-gay marriage creeps, on grounds that those signatures were First Amendment speech–and on the grounds that they'd be harassed for their speech. Things moved pretty fast. READ MORE
Elena "Shorty" Kagan To Get Own Supreme Court "Confirmation Mess"
If anyone is prepared for a confirmation hearing, it's thoroughly actually heterosexual man-loving Elena Kagan, former Harvard Law School dean and current U.S. Solicitor General. Not only has she thought quite a bit on what a confirmation hearing should reveal, she's no stranger to the political process, having been shut out of a confirmation hearing entirely after Clinton nominated her to the U.S. Court of Appeals for the D.C. Circuit. But believe it, this process will be excruciating. You thought the Goldman Sachs hearings down in D.C. were mad political grandstanding? You ain't seen nothing yet! And while her confirmation process as Solicitor General was quite boring-she kept making the case that her job was to represent the interests of the U.S., without regard to her personal opinions! The nerve, to say she'd, like, do a good job and stuff and serve America!-in this confirmation process (assuming we'd get there), she will, we think, be far more revelatory about her potential decision-making process. A process some of us may or may not like, entirely apart from our need to get reelected, not that that matters.
