Motley Moose – Archive

SCOTUS Watch …

The Supreme Court will be in session this morning for orders starting at 9:30 Eastern. The two remaining opinions will be released starting at 10:00am. SCOTUSblog will liveblog at this link today starting at 9:15 Eastern .

SCOTUSblog: October 2013 Term, cases pending

DECISION: Harris wins her suit but Abood not overturned. PDF decision from SCOTUS

Harris v. Quinn, No. 11-681 [Arg: 1.21.2014]

Issue(s): (1) Whether a state may, consistent with the First and Fourteenth Amendments to the United States Constitution, compel personal care providers to accept and financially support a private organization as their exclusive representative to petition the state for greater reimbursements from its Medicaid programs; and (2) whether the lower court erred in holding that the claims of providers in the Home Based Support Services Program are not ripe for judicial review.

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DECISION: Hobby Lobby wins right to discriminate against its female employees. PDF decision from SCOTUS

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

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]

Issue(s): Whether the Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C. §§ 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.

Commentary below …

  Make sure you let your peeps

  know where to find you!  

The President’s Weekly Address post is also the Weekend Open News Thread. Feel free to share other news stories in the comments.

From the White House – Weekly Address

In this week’s address, the President discussed his recent trip to Minneapolis where he met a working mother named Rebekah, who wrote the President to share the challenges her family and many middle-class Americans are facing where they work hard and sacrifice yet still can’t seem to get ahead. But instead of focusing on growing the middle class and expanding opportunity for all, Republicans in Congress continue to block commonsense economic proposals such as raising the minimum wage, extending unemployment insurance and making college more affordable.

The President will keep fighting his economic priorities in the weeks and months ahead, because he knows the best way to expand opportunity for all hardworking Americans and continue to strengthen the economy is to grow it from the middle out.

  Make sure you let your peeps

  know where to find you!  

SCOTUS Watch …

The Supreme Court will be releasing opinions  Thursday morning at 10am Eastern and then next week on Monday, June 30th to finish the term. SCOTUSblog will liveblog here today starting at 9:45 Eastern.

SCOTUSblog: October 2013 Term, major cases pending

DECISION: Buffer zones are unconstitutional. Unanimous. PDF Ruling

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

Issue(s): (1) Whether the First Circuit erred in upholding Massachusetts’ 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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DECISION: Recess appointments in Canning case were invalid. Unanimous. Recess appointments in general are valid but the recess must be at least 10 days. Unanimous but with Scalia dissent on reasoning. PDF Ruling

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

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.

~

Harris v. Quinn, No. 11-681 [Arg: 1.21.2014]

Issue(s): (1) Whether a state may, consistent with the First and Fourteenth Amendments to the United States Constitution, compel personal care providers to accept and financially support a private organization as their exclusive representative to petition the state for greater reimbursements from its Medicaid programs; and (2) whether the lower court erred in holding that the claims of providers in the Home Based Support Services Program are not ripe for judicial review.

~

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

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]

Issue(s): Whether the Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C. §§ 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.

Analysis and Commentary on yesterday’s cases below …

  Make sure you let your peeps

  know where to find you!  

SCOTUS Watch …

The Supreme Court will be releasing opinions on Wednesday and Thursday morning at 10am Eastern and then next week on Monday, June 30th to finish the term. SCOTUSblog will liveblog here today starting at 9:45 Eastern.

SCOTUSblog: October 2013 Term, major cases pending

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

Issue(s): (1) Whether the First Circuit erred in upholding Massachusetts’ 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.

~

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

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.

~

Harris v. Quinn, No. 11-681 [Arg: 1.21.2014]

Issue(s): (1) Whether a state may, consistent with the First and Fourteenth Amendments to the United States Constitution, compel personal care providers to accept and financially support a private organization as their exclusive representative to petition the state for greater reimbursements from its Medicaid programs; and (2) whether the lower court erred in holding that the claims of providers in the Home Based Support Services Program are not ripe for judicial review.

~

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

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]

Issue(s): Whether the Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C. §§ 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.

~

DECISION: Cell phones cannot be searched without a specific warrant. Unanimous. Opinion PDF

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

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.

~

DECISION: Aereo may not retransmit broadcasts of copyrighted material. 6 to 3. Opinion PDF

American Broadcasting Companies v. Aereo, No. 13-461 [Arg: 4.22.2014]

Issue(s): Whether a company “publicly performs” a copyrighted television program when it retransmits a broadcast of that program to thousands of paid subscribers over the Internet.

SCOTUSblog news below …

A few weeks ago, post-primary Wednesday morning found gleeful Democrats celebrating the double-digit loss of House Majority Leader Eric Cantor (R-VA).

Last night there was another set of primary elections, most notably in Mississippi where there was a runoff between incumbent GOP Senator Thadd Cochran and tea party challenger state Senator Chris McDaniel.

Early in the evening, BWD spoke for me:

Can Cantor lose again tonight? #nostalgia

— BWD (@theonlyadult) June 25, 2014

But the result was much better than expected … Cochran won, unleashing the hounds of hell, specifically, an angry tea party activist named Amy Kremer:

@amykremer If Cochran wins this #mssen race, the GOP is done. They teamed up with Dems to steal a race. Kiss the base goodbye.

@amykremer

Sad that GOP establishment has to reach out to the Dems to help keep the Barbour lobbying business profitable. That’s politics ppl. #mssen

Base kissing? Very unsanitary. But the idea of angry Republicans boycotting the November election and opening the door to a Democratic pickup? Please proceed, tea partiers, please proceed.

And a bonus! The former vice presidential candidate and half-term governor of Alaska will not stand for this …

On Hannity,  @SarahPalinUSA  floats idea of Tea Partiers forming third party.  #OhPleaseOhPlease pic.twitter.com/AgWHNDgee5

— TBogg (@tbogg) June 25, 2014

More below …

  Make sure you let your peeps

  know where to find you!  

SCOTUS Watch …

This week, the Supreme Court will be releasing opinions on Monday, Wednesday and Thursday morning at 10am Eastern. SCOTUSblog will liveblog here today starting at 9:15 Eastern for Orders.  From SCOTUSblog: “The Court is scheduled to sit for a non-argument session on Monday, June 30.” That means 4 more days of opinions.

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.

~

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.

~

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. §§ 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.

~

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.

More news …