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tsuomela : supreme-court   45

The 200-Year Legal Struggle That Led to Citizens United | The New Republic
"WE THE CORPORATIONS: HOW AMERICAN BUSINESSES WON THEIR CIVIL RIGHTS by Adam Winkler Liveright, 496 pp., $28.95"
corporation  law  people  supreme-court  book  review 
june 2018 by tsuomela
Judge Janice Rogers Brown wants to return to the libertarian legal notions of the 1930s. - Slate Magazine
At the risk of saying it again, whatever the Supreme Court’s decision regarding Obamacare in June, the net effect of the case has been to illustrate how dramatically the nation’s federal courts have shifted to the right. This shift isn’t evident only in terms of the judiciary’s willingness to embrace long-dormant libertarian ideas, but also in its willingness to wholeheartedly adopt the political language and tone in which these ideas are packaged. Liberals who don’t think of the courts as a political issue should read Judge Brown’s concurrence closely, not merely as an example of the ways partisan politics are bleeding into the federal courts, but as a warning about how radically the federal courts are poised to reshape our politics.    
law  legal  supreme-court  libertarian  conservative  republican  judicial 
april 2012 by tsuomela
Strip Searches | Talking Philosophy
Comments on 2012 supreme court decision authorizing strip searches after any arrest.
supreme-court  law  america  crime  punishment  prison  power 
april 2012 by tsuomela
Jedediah Purdy for Democracy Journal: The Roberts Court v. America
How the Roberts Supreme Court is using the First Amendment to craft a radical, free-market jurisprudence.
law  supreme-court  regulation  government  federal  markets  capitalism  constitution  markets-uber-alles  free-markets  free-speech  first-amendment 
april 2012 by tsuomela
Dissent Magazine - Online Features - New Originalism: A Constitutional Scam -
"Justice Scalia may believe we have a dead Constitution, the legal equivalent of a fly in amber. This was not how most Americans in the Founding era would have viewed the matter. Originalists, both old and new, argue that the theory of the living constitution lacks the legitimacy of their own theory. In fact, the historical pedigree of the theory of the living constitution is it least as good as traditional originalism, and far better than that of new originalism. The fact that Americans are deeply divided today over the relative merits of originalism and the rival theory of the living constitution ought to come as no surprise—Americans were divided over the very same issue when the Constitution was first proposed more than two hundred years ago."
law  supreme-court  constitution  interpretation  originalism  history 
may 2011 by tsuomela
A Supreme Court conversation. (10) - By Walter Dellinger, Dahlia Lithwick, and Stuart Taylor Jr. - Slate Magazine
"I love to read Robyn Blumner, but her new column on the black, black hearts of the court's five conservatives is amazing in that it both goes that far yet voices a sentiment that many others have expressed to me in recent months: "The addition of Chief Justice John Roberts and Justice Samuel Alito to the heartless duo of Justices Antonin Scalia and Clarence Thomas has cemented a plurality for cruelty. If there's a choice between casting a lot for the little guy, tipping a case toward compassion or putting a foot on his throat, it's a safe bet that these four will be getting out their jackboots." The St. Petersburg Times similarly describes the recent ruling in Bowles (the appeal of the Ohio inmate who missed a filing deadline because he followed the erroneous orders of his judge) as "heartless." Bill Scher derides the Roberts Court's elitist and unresponsive agenda, poised to impose "one group's version of morality" upon the country. "
law  supreme-court  commentary  emotion  conservatism 
april 2011 by tsuomela
Wal-Mart -- It's Alive!
"So if Wal-Mart is a life-form, it is an unclassifiable one, at least in ordinary terrestrial terms. It eats, devouring acre after acre and town after town. It grows without limit, sometimes assuming new names -- Walmex in Mexico, Asda in the U.K. -- to trick the unwary. Yet in its defense in the Dukes v. Wal-Mart suit, Wal-Mart claims to have no idea what it's doing. This could be a metaphor for capitalism or perhaps a sign that a successful alien invasion is in progress. The only thing that's for sure is, should the Supreme Court decide in favor of Wal-Mart, we'll have a lot more of these creatures running around: monstrously oversized "persons" who insist that they can't control their own actions."
law  supreme-court  walmart  business  personhood  collective  collective-action  privacy  corporatism 
april 2011 by tsuomela
The Slow Change in Legal Discourse: Why Humans Are Dumber Than Frogs - Garrett Epps - National - The Atlantic
The word "private," in fact, seemed to have an almost hypnotic effect on the Court. Chief Justice John Roberts said "the decision is made by a private entity whether to use the money to go to a religious school." True, but that's quite different from "private choice" by parents. Under the Constitution, the state couldn't limit parents' choice by ruling out schools on religious grounds; an STO can. It's almost as if the government could get around any constitutional limitation by just farming the work out to "private entities."

And of course, that's increasingly what we as a society are doing. Our very notion of what is public is shrinking. Wars are fought by "private" contractors, prisons are run by "private" companies. Great state universities are "privatized" and taken out of state control. We hear increasing demands that all or most public employees be replaced by workers hired and paid by private companies.
private  market  discourse  legal  law  supreme-court  public  public-sphere 
november 2010 by tsuomela
David Lazarus: Consumers' right to file class actions is in danger - latimes.com
It hasn't gotten a lot of press, but a case involving AT&T that goes before the U.S. Supreme Court next week has sweeping ramifications for potentially millions of consumers.

If a majority of the nine justices vote the telecom giant's way, any business that issues a contract to customers — such as for credit cards, cellphones or cable TV — would be able to prevent them from joining class-action lawsuits.
law  class  business  business-as-usual  supreme-court  consumer-protection  class-action  lawsuit 
november 2010 by tsuomela
It's Complicated David Souter finally tells Americans to grow up.
Dahlia Lithwick comments on Souter's 2010 commencement speech at Harvard.
But the striking aspect of Souter's remarkable speech is that it rejected virtually all of these easy ideological labels and addressed itself to two much simpler questions: Is the meaning of the Constitution clear? And is the task of divining that meaning easy? These incisive questions themselves beg an even more pressing constitutional question: Why must justices first leave the bench before they can speak seriously about the importance of the court?
supreme-court  law  judicial  judgment  fair-reading  constitution  america 
june 2010 by tsuomela
Judicial Partisanship Awards « The Washington Independent
Cass Sunstein reviews Supreme Court and federal court rulings to observe partisanship.
judicial  partisanship  review  supreme-court  law  court 
march 2010 by tsuomela
Toxic Waters - Rulings Restrict Clean Water Act, Hampering E.P.A. - NYTimes.com
Thousands of the nation’s largest water polluters are outside the Clean Water Act’s reach because the Supreme Court has left uncertain which waterways are protected by that law, according to interviews with regulators.
government  regulation  federal  water  environment  business  supreme-court  law 
march 2010 by tsuomela
FiveThirtyEight: Politics Done Right: "Conservative Activist Judge" is NOT an Oxymoron
One of the great successes of the legal wing of the conservative movement is the widespread connection in the mind of many citizens and pundits of "liberal" judicial philosophy with "activism," and "conservatism" with "strict constructionism." They'd have us believe that "liberal activist" and "conservative constructionist" are basically redundancies, and that there simply is no such thing as a conservative activist. This is patently untrue.
law  supreme-court  conservative  liberal  activism 
july 2009 by tsuomela
The Supreme Court ponders when your right to a fair trial collides with their right to be divine. - By Dahlia Lithwick - Slate Magazine
Ultimately, the high court is going to have to decide whether Caperton is about us or them. Or, more precisely, whether they want to continue to believe in their own irrefutable divinity or create some structures to shore up our belief in their divinity.
law  supreme-court  bias  impartial 
march 2009 by tsuomela

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