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kkennedy : scotus   36

Individual mandate in Obama's health care law: good for freedom, bad for free-riders - CSMonitor.com
FTA: "An insurance mandate aimed at stopping free-riders is in complete harmony with a free market. Indeed, the mandate is essential for a free market to be able to operate properly, which is why the Heritage Foundation, a fierce advocate of the free market, was among the first to propose mandating the purchase of health insurance as a solution to both the free-rider problem and rising health-care costs."
scotus  healthmandate 
march 2012 by kkennedy
OP-ED: The price if health care is overturned - York Dispatch
FTA: "When people talk about out-of-control government spending, they're really talking about rising medical costs that far outpace any conceivable rate of economic growth. The conservative solution -- shift those costs to the consumer -- is no solution at all. ... If the Supreme Court strikes down Obamacare, a single-payer system will go from being politically impossible to being, in the long run, fiscally inevitable."
scotus  healthmandate  healthpolicy  economics 
march 2012 by kkennedy
Conservative justices may hate Obamacare, but they should not overrule Congress - CSMonitor.com
FTA: "Stone argued that the broad language of the tax and spend clause confirmed that the framers meant to grant Congress extensive powers to exercise at its own discretion. And rightly so, he exclaimed, for the people can replace a Congress that enacts a dumb law, while only the unelected court’s “sense of self restraint” prevents abuses of its own power."
scotus  healthmandate  judiciary  activism 
march 2012 by kkennedy
Supreme Court OKs Warrantless House Search | Threat Level | Wired.com
VERY disappointing. I agree with Justice Ginsberg (the sole dissenter) here: "The court today arms the police with a way routinely to dishonor the Fourth Amendment’s warrant requirement in drug cases..." 
legal  civlib  scotus 
may 2011 by kkennedy
Judge Sotomayor and Race — Results from the Full Data Set
FTA: 'In sum, in an eleven-year career on the Second Circuit, Judge Sotomayor has participated in roughly 100 panel decisions involving questions of race and has disagreed with her colleagues in those cases (a fair measure of whether she is an outlier) a total of 4 times.' -- compare to http://www.nytimes.com/2009/05/30/us/politics/30affirm.html?_r=1&hp
scotus  politics 
may 2009 by kkennedy
Fordham Law Class Collects Personal Info About Scalia; Supreme Ct. Justice Is Steamed | ABA Journal - Law News Now
I need a 'turnabout is fair play' tag.

FTA: 'Last year, when law professor Joel Reidenberg wanted to show his Fordham University class how readily private information is available on the Internet, he assigned a group project. It was collecting personal information from the Web about himself.

This year, after U.S. Supreme Court Justice Antonin Scalia made public comments that seemingly may have questioned the need for more protection of private information, Reidenberg assigned the same project. Except this time Scalia was the subject, the prof explains to the ABA Journal in a telephone interview.'
privacy  surveillance  scotus  scalia 
may 2009 by kkennedy
Strip searching students illegal? Supreme Court not so sure
Holy...hell. Lots of followup links going into delicious on this one. Plus, as Cory Doctorow (among others) notes, invasions of privacy and rights limitations often start in places where individuals are given less legal protection against it, like schools and prisons. Once their value is "proven", then there's pressure to make them more generally widespread. (cameras, backpack searches, etc.)
legal  school  privacy  scotus  civlib 
april 2009 by kkennedy
Eroding the Exclusionary Rule
FTA: ' There's an interesting dichotomy on the right when it comes to the police. The same philosophy that distrusts the government when it manifests itself as bureaucrats and regulators (a sentiment I share) seems to put an unhealthy amount of trust in the government employees we call police officers. '
radleybalko  legal  scotus  scalia 
january 2009 by kkennedy

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