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In the News: SCOTUS Watch and Republicans Eating Their Own

SCOTUS Watch …



All eyes turn to the court

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For the rest of the month of June, the Supreme Court will be releasing opinions on Monday and Thursday mornings. SCOTUSblog will liveblog here today starting at 9:15 Eastern.

SCOTUSblog: October 2013 Term, major cases pending


McCullen v. Coakley, No. 12-1168 [Arg: 1.15.2014 Trans./Aud.]

Issue(s): (1) Whether the First Circuit erred in upholding Massachusetts’s selective exclusion law – which makes it a crime for speakers other than clinic “employees or agents . . . acting within the scope of their employment” to “enter or remain on a public way or sidewalk” within thirty-five feet of an entrance, exit, or driveway of “a reproductive health care facility” – under the First and Fourteenth Amendments, on its face and as applied to petitioners; (2) whether, if Hill v. Colorado permits enforcement of this law, Hill should be limited or overruled.

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National Labor Relations Board v. Noel Canning, No. 12-1281 [Arg: 1.13.2014 Trans./Aud.]

Issue(s): (1) Whether the President’s recess-appointment power may be exercised during a recess that occurs within a session of the Senate, or is instead limited to recesses that occur between enumerated sessions of the Senate; (2) whether the President’s recess-appointment power may be exercised to fill vacancies that exist during a recess, or is instead limited to vacancies that first arose during that recess; and (3) whether the President’s recess-appointment power may be exercised when the Senate is convening every three days in pro forma sessions.

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Conestoga Wood Specialties Corp. v. Sebelius, No. 13-356 [Arg: 3.25.2014 Trans./Aud.]

Issue(s): Whether the religious owners of a family business, or their closely held, for-profit corporation, have free exercise rights that are violated by the application of the contraceptive-coverage mandate of the Affordable Care Act.

Sebelius v. Hobby Lobby Stores, No. 13-354 [Arg: 3.25.2014 Trans.]

Issue(s): Whether the Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C. ยงยง 2000bb et seq., which provides that the government “shall not substantially burden a person’s exercise of religion” unless that burden is the least restrictive means to further a compelling governmental interest, allows a for-profit corporation to deny its employees the health coverage of contraceptives to which the employees are otherwise entitled by federal law, based on the religious objections of the corporation’s owners.

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Susan B. Anthony List v. Driehaus, No. 13-193 [Arg: 4.22.2014 Trans./Aud.]

Issue(s): (1) Whether, to challenge a speech-suppressive law, a party whose speech is arguably proscribed must prove that authorities would certainly and successfully prosecute him, as the Sixth Circuit holds, or should the court presume that a credible threat of prosecution exists absent desuetude or a firm commitment by prosecutors not to enforce the law, as seven other Circuits hold; and (2) whether the Sixth Circuit erred by holding, in direct conflict with the Eighth Circuit, that state laws proscribing “false” political speech are not subject to pre-enforcement First Amendment review so long as the speaker maintains that its speech is true, even if others who enforce the law manifestly disagree.

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Riley v. California, No. 13-132 [Arg: 4.29.2014 Trans.]

Issue(s): Whether evidence admitted at petitioner’s trial was obtained in a search of petitioner’s cell phone that violated petitioner’s Fourth Amendment rights.

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More news …

Republicans in disarray …

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Idaho GOP Fails To Elect Chairman, Agree On Platform

During the convention, the entire delegation from Bannock County was unseated, leading to chaos, according to the Idaho State Journal. Attempts were underway to remove the delegates for two additional counties due to disagreements between establishment and Tea Party Republicans when Labrador brought the convention to a close.

State Sen. Chuck Winder blamed the chaos on Tea Partiers and libertarians.

“It was basically the ultra-, ultra-conservative, tea party-libertarian type people basically flexing their muscle in the way the thing was organized,” he told the Spokesman-Review. “It’s a real shame that a convention comes to that stage, where there really wasn’t any real floor leadership, there wasn’t any fairness in the process, either in the credentials committee or on the floor. It was all pre-determined. It’s kind of ‘who’s going to have the power,’ rather than working together.”

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Cantor Hits Back At Ingraham: Taliban Comment ‘Cheapens The Debate’

“I will say that the suggestion that I should have been traded to the Taliban for Sergeant Bergdahl really is not a serious contribution to any public policy debate, and frankly, I don’t think that it reflects on the people that self-identify as Tea Partyers. I think they reject that kind of notion,” Cantor said on ABC’s “This Week.” “And it’s just not serious. And frankly it cheapens the debate.”

p.s. Laura Ingraham responded by saying that Eric Cantor “had no sense of humor” because, really, what isn’t funny about sending someone you don’t like to a place where he is certain to be killed?

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Editor’s Note: Feel free to share other news stories in the comments.


16 comments

  1. SCOTUSblog

    Good morning, and welcome to today’s edition of our live blog, sponsored by Bloomberg Law.

    by Amy Howe 8:18 AM

    We have a lot going on today. We are expecting orders from last Thursday’s private Conference at 9:30. For those of you who are new here, orders are (for the most part) the decision whether or not to review a case on the merits.

    by Amy Howe 8:18 AM

    And then at 10 am, we are expecting opinions in argued cases. There are seventeen cases left this Term.

    by Amy Howe 8:20 AM

    Comment

    As is generally the case (unless it is the last day of the Term), we don’t know which opinions we will get today, nor do we know how many.

    by Amy Howe 8:20 AM

  2. I expect the Coakley case to come down today and I don’t expect it to be good news for women who would prefer to not be harassed over decisions that they and their doctors have made. But I don’t expect the boys on the court to “get” that. The only Republican Supreme Court Justice who respected the rights of women to control their own bodies was Sandra Day O’Connor.

    Rumors on the Internets are that the Noel Canning recess appointment case will come down today and that Chief Justice Roberts will write the opinion. I am not an attorney but I think that if the recess appointments to the NLRB are voided, all cases decided by that particular group of NLRB members will also be voided and Canning gets another hearing.

  3. Someone brings a box or boxes of opinions out to where people are waiting and watching. Usually they know pretty quickly how many decisions will be released but they don’t know which ones until they are pulled from the boxes.

    There are a total of 17 cases from this term that are pending.

  4. Diana in NoVa

    I’m telling you, if the Supremes let the Hobby Lobby and Conestoga wingnuts decide who’s going to get contraceptive coverage, the door is going to open for all sorts of weird-ass rules!

    Religious groups that don’t believe in blood transfusions can restrict insurance coverage to exclude those. Groups that don’t believe in C-sections for women or circumcisions for boys can exclude those. Groups that don’t believe women should have anesthetic during labor and delivery can exclude that…gods, what an unholy mess it will be!

    Religion was one of the factors that brought down the Roman Empire and I’m inclined to think it’s already bringing down ours.

Comments are closed.