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Thread: Scotus

  1. #1
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    Default Scotus

    I recognize few here will have interest in this thread and I plan to add to it only occasionally. My intention is that this thread serve as another example of how government affects people's lives.

    The US Supreme Court (SCOTUS) typically plays a more important role in US life than I think the Irish Supreme Court does in Ireland, or other S. Courts in Europe generally. Perhaps a better analogy would be the Europe wide Courts. We should have a thread on them as well.
    Appointments to the Court are for life, and appointments are fought over bitterly on judicial philosophy grounds by the US Senate. A President is President for eight years max, but (s)he can nominate a SCOTUS appointee who if confirmed by the Senate can serve for 30-40 years.

    First Monday in October is the traditional start of the new SCOTUS term. Most cases have little interest outside the US, but some also have wider implications.
    Best place to follow events in detail is at: (down as I type, but it will come back).

    http://www.scotusblog.com/

    Here’s a WaPo primer.

    http://www.washingtonpost.com/politi...y.html?hpid=z1

    The court could also reopen the question of affirmative action in college admissions, rule on the rights of gay adoptive parents and decide whether the blindingly fast pace of modern technology has reshaped Americans’ notion of privacy.

    “Whatever the last term lacked in blockbuster cases, here’s one that’s really for the ages,” said Paul D. Clement, solicitor general in the George W. Bush administration.
    Between October and June SCOTUS typically addresses about 10% of the 800 or so Petitions for Cert.

    More detail from the Atlantic.

    http://www.theatlantic.com/national/...y-term/245581/

    The justices may have been eerily silent last Wednesday night when they turned down Troy Davis' last appeal. But, as the early docket indicates, they won't be able to stay quiet for long on the legal issues he raised, at home and around the world -- the ones that didn't die with him, that is.
    Tried to make the title all caps, but I guess that's agin the law.
    Last edited by C. Flower; 03-10-2011 at 06:52 AM.
    As a general rule the most successful man in life is the man who has the best information.

  2. #2
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    Default Re: Scotus

    Hate to quote myself, but I just looked at the threads in the EU Parliament/Commission/Court forum. Bleak reading! C’mon people you can do better than dat!
    As a general rule the most successful man in life is the man who has the best information.

  3. #3
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    Default Re: Scotus

    Quote Originally Posted by Count Bobulescu View Post
    Hate to quote myself, but I just looked at the threads in the EU Parliament/Commission/Court forum. Bleak reading! C’mon people you can do better than dat!
    Thanks for the nudge. On the Parliament, well even the MEPS don't feel that they have any power. But the actions of the Commission and Court need more attention.
    The whole operation of the E U is bureaucratic and lacking in democratic life in a way that makes normal political scrutiny an endurance test.

    The capitals challenge defeated me too. I guess that title setting is hardwired in to the place.

  4. #4
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    Default Re: Scotus

    European courts decide on compensation for mothers whose kids are exposed to a crucifix in Italian classrooms and stuff, hardly a match for SCOTUS.
    Thus all which you call Sin, Destruction—in brief, Evil—that is my true element.

  5. #5
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    Default Re: Scotus

    Radio analysis:


    http://www.npr.org/2011/10/03/140964...ivisive-issues


    TV: Includes discussion with the guy who started the scotusblog.


    http://www.pbs.org/newshour/bb/law/j...tus_10-03.html
    As a general rule the most successful man in life is the man who has the best information.

  6. #6
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    Default Re: Scotus

    Three different reports on one lawsuit. It’s the same lawsuit Andrew49 referenced in his Is the Pope Catholic? thread. Thought it better for reasons of order to post here.

    Radio.
    http://www.npr.org/2011/10/05/141089...es-act-dispute

    TV.
    http://www.pbs.org/newshour/bb/law/j...tus_10-05.html

    http://www.scotusblog.com/2011/10/ar...e/#more-129054
    As a general rule the most successful man in life is the man who has the best information.

  7. #7
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    Default Re: Scotus

    Scotus Calendar/Oral Argument/Transcripts

    I know there is some interest on the forum. Andrew49 started a thread on this case.

    Here’s a transcript of that oral argument.

    http://www.supremecourt.gov/oral_arg...pts/10-553.pdf

    Here’s the same audio.

    http://www.supremecourt.gov/oral_arg...rgument=10-553

    Transcripts are usually posted the same day. The week’s audio is usually posted on Friday.

    Full calendar so far.

    http://www.supremecourt.gov/oral_arg...rtCalendar.pdf

    Full transcript so far.

    http://www.supremecourt.gov/oral_arg...anscripts.aspx

    Full audio so far.

    http://www.supremecourt.gov/oral_arg...ent_audio.aspx

    SCOTUS Home.

    http://www.supremecourt.gov/

    Best Analysis.

    http://www.scotusblog.com/


    For comparison.

    http://www.supremecourt.ie/

    They even list “important cases” implying that unlisted cases were unimportant. Go Figya!

    Better, but not much.

    http://europa.eu/about-eu/institutions-bodies/court-justice/index_en.htm\

    As a general rule the most successful man in life is the man who has the best information.

  8. #8
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    Default Re: Scotus

    High tech policing and YOU!
    This could happen to you someday, so watch out, and know your rights (if you have any).
    US V. Jones
    Oral argument in a case being described as the most important 4th Amendment case to reach the US Supreme Court in well over a decade will be heard on Tuesday November 8th. Audio of oral argument will be available on SCOTUS site and SCOTUSblog, links below, late on Friday November 11th. SCOTUSblog is more informative than the official SCOTUS site, because they include additional analysis and opinion.
    Text of 4th. Amendment.

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
    The case at issue deals with concerns about how technological advances that allow high tech policing now push up against the boundaries of 4th Amendment protections enacted 220 years ago.

    Closest Irish analogy I can think of, suppose you are a convicted drug dealer in Dundalk, and police secretly attach a GPS to your car, and learn that you regularly visit your convicted drug dealer friend in Newry, do they now have probable cause to search/seize you without a warrant on your return south?

    This case arose because the Wash. DC police applied for, and were granted a warrant, and then failed to use it within the terms granted, they were one day late, and the activity the police objected to, occurred in a neighboring Md. jurisdiction. So, for the purposes of this case, the police action is deemed to be warrantless.

    Issue: (1) Whether the warrantless use of a tracking device on respondent's vehicle to monitor its movements on public streets violated the Fourth Amendment; and (2) whether the government violated respondent's Fourth Amendment rights by installing the GPS tracking device on his vehicle without a valid warrant and without his consent.
    Plain English Issue: Whether the Constitution allows police to put a tracking device on a car without either a warrant or the owner's permission; and whether the Constitution is violated when police use the tracking device to keep track of the car's whereabouts.
    Here’s a 50 minute radio discussion of the issues, that ran this past week. Might be a 40 second delay before the audio at the link below kicks in, and you may then first have to listen to 5-6 minutes of the national/local news of the day. At the end, panelists agree that the biggest threats to privacy, come, not from government surveillance, but from what government can learn about you from Google/FB etc.

    http://thedianerehmshow.org/shows/20...urth-amendment

    Here’s a good explainer and background on the case from SCOTUSblog

    http://www.scotusblog.com/2011/11/ar...g/#more-131095

    If you have time or interest, there’s a lot more info, briefs, etc. here. Just click to see how much info, even if you read zero.

    http://www.scotusblog.com/case-files...states-v-jones

    http://www.supremecourt.gov/
    http://en.wikipedia.org/wiki/Fourth_...s_Constitution
    As a general rule the most successful man in life is the man who has the best information.

  9. #9
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    Default Re: Scotus

    If you have time and/or interest, here’s the transcript of the oral argument in Tuesday's hearing of the US V. Jones case on the issue of high tech policing. Audio will be available late Friday.


    http://www.supremecourt.gov/oral_arg...ts/10-1259.pdf
    As a general rule the most successful man in life is the man who has the best information.

  10. #10
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    Default Re: Scotus

    Two law professors from neighboring and competing universities raise similar concerns about the implications of the US v. Jones case heard last week.

    http://www.washingtonpost.com/opinio...zCN_story.html

    http://www.washingtonpost.com/opinio...ry.html?sub=AR

    Here's the hour's audio of the oral argument. What is always fascinating is the way the justices interrupt the lawyers in mid sentence with a new question, and the lawyers are forced to abandon the answers they are giving and pivot to answering the new question. Govt. lawyer for the first thirty minutes. If you have never heard SCOTUS oral argument this is a good place to start. The subject matter is straightforward and it does not get bogged down in legalese.

    http://www.oyez.org/cases/2010-2019/2011/2011_10_1259
    As a general rule the most successful man in life is the man who has the best information.

  11. #11
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    Default Re: Scotus

    Big SCOTUS news today. Court will review new health care law. When the decision comes down next year it will likely be considered the most important since Bush v. Gore in 2000. They have allocated five and a half hours, as opposed to the normal one, for oral argument. The decision is expected by late June early July, just in time for the election. Depending on the ruling, it may turn out to be the defining issue of the election.


    http://www.washingtonpost.com/politi...y.html?hpid=z1


    http://www.washingtonpost.com/blogs/...g.html?hpid=z1


    http://www.washingtonpost.com/opinio...y.html?hpid=z1


    http://www.scotusblog.com/2011/11/co...e/#more-131850


    http://www.scotusblog.com/2011/11/th...e/#more-131916
    As a general rule the most successful man in life is the man who has the best information.

  12. #12
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    Default Re: Scotus

    If you think SCOTUS is all just simply dry legalese, then think again, and check out these odds.

    http://www.theatlantic.com/national/...cision/248441/
    As a general rule the most successful man in life is the man who has the best information.

  13. #13
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    Default Re: Scotus

    Cross posted in SCOTUS and Prez Politics. Supremes insert themselves into 2012 Election!

    http://www.washingtonpost.com/blogs/...g4pO_blog.html

    This is what makes US politics endlessly fascinating.

    http://www.washingtonpost.com/blogs/...wHsO_blog.html
    For the second time in five years, Texas’s new congressional map is headed for a date with the Supreme Court.
    And the results could be very significant, both in Texas, in the 2012 election, and for the future of the congressional redistricting process.
    So, for those who aren’t versed in legalese, redistricting, or the Lone Star State generally (it’s not all about Texas Gov. Rick Perry), here’s what you need to know.
    As a general rule the most successful man in life is the man who has the best information.

  14. #14
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    Default Re: Scotus

    One commentator said today that you have to go back to 1936 to find a SCOTUS docket so loaded with politically sensitive cases in an ELECTION year
    As a general rule the most successful man in life is the man who has the best information.

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    Default Re: Scotus

    Here’s a short report on the California Gay Marriage case that’s in the news,
    and then a discussion between two lawyers, one of them lead plaintiff’s attorney.

    http://www.pbs.org/newshour/bb/law/j...op8_02-07.html

    Then an analysis of the legal issues from the SCOTUS blog

    http://www.scotusblog.com/2012/02/ba.../#more-138536c

    In the nation’s most closely watched gay rights case, the Ninth Circuit Court divided 2-1 on Tuesday and struck down “Proposition 8,” the ban on same-sex marriage adopted by California voters in November 2008.

    The majority summed up its ruling this way: “By using their initiative power to target a minority group and withdraw a right that it possessed, without a legitimate reason for doing so, the people of California violated the Equal Protection Clause [of the federal Constitution]. We hold Proposition 8 to be unconstitutional on this ground.”

    The opinion contained frequent references to a 1996 Supreme Court ruling, Romer v. Evans, which ruled unconstitutional a state constitutional amendment in Colorado that took away from gays and lesbians political rights that they had shared with other citizens. The Romer decision was written by Justice Anthony M. Kennedy, who very likely would hold a pivotal vote on same-sex marriage if and when that issue reaches the Supreme Court. Kennedy was also the author of a broader gay rights ruling in 2003, Lawrence v. Texas; there, the Court ruled that gays and lesbians have a constitutional right of privacy to engage privately in sexual activity by consent among adults. That Kennedy opinion, though, said the Court was not taking a position then on same-sex marriage.

    In Judge Reinhardt’s explicit effort to keep the decision narrow, the majority opinion stressed that same-sex couples had all of the legal rights as opposite-sex couples – before Proposition 8 was enacted. Thus, it concluded, the ballot measure “had one effect only” — that is, “it stripped same-sex couples of the ability they previously possessed to obtain from the state, or any other authorized party, an important right — the right to obtain and use the designation of ‘marriage’ to describe their relationships. Nothing more, nothing less.”

    The Smith dissent thus provides a basis for more conservative judges on higher courts to decide differently than the panel majority did.
    As a general rule the most successful man in life is the man who has the best information.

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