Today, at their weekly conference, the Court will again be presented with the opportunity to take up a series of cases regarding detainees at Guantanamo, and a related terrorism case. Other than Obama’s fist pumping regarding recent victories in the war on terror- despite this Administration denying reality and dropping the “war” moniker- we do not hear too much about terrorism. With the economy dominating | Read More »
As we enter the Memorial Day weekend, the Supreme Court will be finishing its term in late June. There are still several cases to be decided, the biggest of which is the fate of Obamacare. From watching the Supreme Court for many, many years now, all I can say with certainty regarding any decision is that you really cannot tell how it will come down | Read More »
The Supreme Court had their final oral arguments for this term yesterday when they heard the Arizona immigration law case. At this time, I would like to review some cases that they have yet to decide this term. In all, some 28 cases have yet to be decided. Several of them are statute interpretation cases or bankruptcy cases that would put one to sleep and | Read More »
The US Supreme Court has finally released an opinion in the case of Florence v. Board of Freeholders of Burlington County, NJ, et. al. In a previous entry, I detailed the case. The Court, in an opinion authored by Anthony Kennedy, upheld the use of strip searches in jails and prisons even for minor offenses. Most of Kennedy’s decision, in laborious detail, outlines the reasons | Read More »
The Liberal press and blogosphere is absolutely insane over the recent Obamacare oral arguments before the Supreme Court. Apparently a day to digest the argument has given them enough time to conjure up enough vitriol to make a Spike Lee tweet look trivial. On one article on DailyKos, the writer used the term “radical” to describe the Supreme Court ten times in five paragraphs indicating | Read More »
Essentially, very little is left for the Supreme Court although they still have one major oral argument in April. After their conference this Friday where they likely will take initial tallies in the health care cases, they will adjourn officially and have no court business until April 13 when they will again conference and decide on whether to grant, hold, or dismiss more cases for | Read More »
The Supreme Court has completed three days of oral arguments over Obamacare spread over several hours. There is no doubt that there is no shortage of opinions especially after day 2- the mandate question. I think that we can take five things away from this historic moment unfolding before our eyes based upon everything I have read here and elsewhere, conservative and liberal sites and | Read More »
In past articles, I have mentioned that the Supreme Court can conceivably delay a decision on the constitutionality of Obamacare if they determine that the penalties through the tax code essentially are a tax and, therefore, the Anti-Injunction Act would put off the issue until 2015. To do so, the Obama Administration would have to prove that the penalty is a tax, something they argued | Read More »
Perhaps the most surprising aspect of this series of cases before the Supreme Court is their willingness to rule on the power of Congress to expand the right of “poor people” to health care benefits under Medicaid. The aim of theory at stake is to put limits on the power of Congress to spend money on public programs. It has only twice taken on the | Read More »
This is the first of a three part series dedicated to some potential future Supreme Court cases. Each issue is near and dear to conservatives and liberals alike- campaign finance reform, gay marriage, and affirmative action. First up, there is a case making its way to the Court out of Montana challenging a state law that bans direct corporate expenditures on elections. Citing the fact | Read More »
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