January 28, 2010
Posted: January 28th, 2010 11:13 AM ET

Filed under: Patrick Leahy • Popular Posts • Supreme Court


Posted: January 28th, 2010 11:09 AM ET

From

Washington (CNN) – The political furor over President Barack Obama's high profile rebuke of a recent Supreme Court campaign finance ruling escalated Thursday as Democrats pounded the high court decision.

Democrats rallied around Obama the day after the president committed a rare breach of political etiquette, criticizing the controversial ruling in his State of the Union address as members of the high court sat only a few feet away.

The court's 5-4 decision, issued last week, removed long-established legal barriers preventing corporations from spending unlimited sums of money to influence voters in political campaigns. Democrats fear the decision has given the traditionally pro-business GOP a powerful new advantage.

"With all due deference to separation of powers, last week the Supreme Court reversed a century of law that I believe will open the floodgates for special interests - including foreign corporations - to spend without limit in our elections," Obama told a packed House of Representatives chamber Wednesday night.

"I don't think American elections should be bankrolled by America's most powerful interests, or worse, by foreign entities. They should be decided by the American people. And I'd urge Democrats and Republicans to pass a bill that helps to correct some of these problems."

Justice Samuel Alito, part of the court's conservative majority, could be seen apparently frowning and quietly mouthing the words "not true."

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Filed under: Samuel Alito • Supreme Court


January 27, 2010
Posted: January 27th, 2010 10:12 PM ET

(PolitiFact) - Obama says Supreme Court ruling allows foreign companies to spend money on U.S. elections.

Verdict: Barely True

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Filed under: President Obama • SOTU fact check • State of the Union address • Supreme Court


January 26, 2010
Posted: January 26th, 2010 05:22 PM ET

From

Washington (CNN) – Sandra Day O'Connor will turn 80 in March but has lost none of the energy and focus she showed for a quarter century on the Supreme Court.

Since her 2006 retirement, O'Connor has turned much of her attention to reforming the way judges are selected nationwide. Thirty-three states have some form of election, and she has expressed concern that big money donations to judicial races create the perception that the courts can be unduly influenced.

"It has the effect of turning judges into the politically elected figures in arms races, if you will, by people with the means to support them," she told CNN's Wolf Blitzer in an exclusive interview Tuesday. "And what the framework of our Constitution tried to achieve when they wrote that Constitution back in the 1700s was an independent federal judiciary." O'Connor wants that framework applied to state judicial races.

The push for reform has a powerful advocate in the first woman to sit on the high court. She is lending her reputation and credibility to several projects aimed at assisting state-level efforts to have judges named by merit-based selection systems, not elections.
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Filed under: Popular Posts • Sandra Day O'Connor • Supreme Court


January 21, 2010
Posted: January 21st, 2010 06:45 PM ET

From

Washington (CNN) - Campaign 2010 is in full swing: Massachusetts elected its new U.S. senator this week, and the first congressional primaries are just days away.

Now the first task for every federal candidate in this midterm election year will be to read the Supreme Court's ruling Thursday on campaign finance for a reality-check road map to their political future. The 183-page decision promises to completely change the way independent spending on elections is conducted.

In Citizens v. Federal Election Commission, the justices in a large sense have erased the subtle but important distinction between corporate donors, which are subject to regulation, and individual donors, who largely are not.

Full story

Filed under: Supreme Court


Posted: January 21st, 2010 01:52 PM ET

Washington (CNN) - President Barack Obama slammed the Supreme Court's ruling loosening restrictions on corporate spending in federal elections Thursday, saying it "gives the special interests and their lobbyists even more power in Washington - while undermining the influence of average Americans who make small contributions to support their preferred candidates."

Obama issued a statement saying he is telling his administration "to get to work immediately with Congress on this issue. We are going to talk with bipartisan congressional leaders to develop a forceful response to this
decision. The public interest requires nothing less."

His statement came hours after the 5-4 high court ruling.

"The Supreme Court has given a green light to a new stampede of special interest money in our politics," Obama said. "It is a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans."

Filed under: President Obama • Supreme Court


Posted: January 21st, 2010 10:10 AM ET

Washington (CNN) – The U.S. Supreme Court has eased long-standing restrictions on "independent spending" by corporations and unions in political campaigns.

Thursday's landmark ruling, which overhauls decades of federal restrictions, has the potential to lead to a dramatic increase in campaign spending.

A close 5-4 conservative majority on Thursday crafted a narrow overhaul of federal campaign spending that could have an immediate impact on next year's congressional midterm elections.

"Our nation's speech dynamic is changing, and informative voices should not have to circumvent onerous restrictions to exercise their First Amendment rights," wrote Justice Anthony Kennedy for the majority.

The conservative-led opinion radically alters the election calculus, offering greater spending flexibility for a broader range of for-profit and non-profit groups seeking a voice in the crowded national political debate.

In dissent, Justice John Paul Stevens wrote, "In a democratic society, the long-standing consensus on the need to limit corporate campaign spending should outweigh the wooden applications of judge-made rules."

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Filed under: Supreme Court


January 13, 2010
Posted: January 13th, 2010 05:42 PM ET

From
High court extends ban on videostream from California trial .
High court extends ban on videostream from California trial .

Washington (CNN) - The Supreme Court has again indefinitely blocked plans to disseminate video of an important federal court case involving single-sex marriage in California.

The justices in an unsigned order Wednesday prevented any distribution of the live videostream outside the San Francisco courthouse where the case is being heard, and any real-time or delayed posting on the Internet.

In a trial that began Monday, a federal judge in San Francisco will decide whether the state's Proposition 8 banning single-sex marriage is
constitutional. California voters approved the measure in November 2008, prompting an appeal by several homosexual couples.

As part of a pilot program, the judge had agreed to allow video of the trial to be sent live to other rooms within the courthouse and to five other federal courthouses, and to be posted several hours later on the popular video site YouTube.com.

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Filed under: Proposition 8 • Supreme Court


January 12, 2010
Posted: January 12th, 2010 06:07 PM ET

From
 Supreme Court oral arguments are often a time for the ever-colorful Justice Antonin Scalia to attract attention with a provocative display of his rhetorical gifts and sense of humor.
Supreme Court oral arguments are often a time for the ever-colorful Justice Antonin Scalia to attract attention with a provocative display of his rhetorical gifts and sense of humor.

Washington (CNN) - Oral arguments at the Supreme Court are often a time for the ever-colorful Justice Antonin Scalia to attract attention with a provocative display of his rhetorical gifts and sense of humor. Both were in display Tuesday in a pair of cases heard in public session.

The first dealt with a U.S. law allowing sex offenders who have served their prison sentences to remain in federal custody under what are called "civil commitment" laws.

The fun started when Solicitor General Elena Kagan - arguing in favor of such laws - mistakenly referred to Scalia as the chief justice.

"Mr. Chief - excuse me - Justice Scalia," said Kagan, "I didn't mean to promote you quite so quickly." That drew laughter from the audience of several hundred.

Replied Scalia to Kagan, "I'm sure you didn't," bringing a huge roar.
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Filed under: Antonin Scalia • Popular Posts • Supreme Court


January 1, 2010
Posted: January 1st, 2010 03:10 PM ET

From
Chief Justice John Roberts on Thursday offered an unusually brief summary of the problems facing the U.S. court system.
Chief Justice John Roberts on Thursday offered an unusually brief summary of the problems facing the U.S. court system.

Washington (CNN) – A year ago, U.S. Chief Justice John Roberts said he was "tired" of urging lawmakers to live up to their pledge to raise judges' salaries. No increase has come, but in his latest annual year-end report released Thursday, the head of the federal judiciary found little to talk about, offering an unusually brief summary of the problems facing the courts.

"Many of those needs remain to be addressed," said Roberts. "This year, however, when the political branches are faced with so many difficult issues, and when so many of our fellow citizens have been touched by hardship, the public might welcome a year-end report limited to what is essential: The courts are operating soundly."

Roberts and his predecessor, William Rehnquist, regularly used their Supreme Court position to urge action on salaries, the increasing workload of the courts, and increased security in the nation's courtrooms. Recent year-end reports have contained more pointed criticism of congressional inaction on the salary dispute, but Roberts' brief comments this year were especially muted. As chief justice, he has administrative oversight over the entire federal court system. He is also the highest paid federal judge.

Last year the 54-year-old chief justice wrote, "I must renew the judiciary's modest petition: Simply provide cost-of-living increases that have been unfairly denied. We have done our part - it is long past time for Congress to do its."

Those so-called COLAs were approved in May, but not an overall salary increase. House and Senate committees have approved a 30-percent pay hike, but Congress as a whole has not acted on the proposal. The last time judges received a substantial pay increase was 1991, but they have received periodic increases designed to keep pace with inflation.

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Filed under: John Roberts • Supreme Court


December 15, 2009
Posted: December 15th, 2009 03:56 PM ET

From

WASHINGTON (CNN) - Two state supreme court justices from neighboring states find themselves in disagreement these days - not over a legal issue,but over how they should have gotten their jobs.

The two justices - Ohio Chief Justice Thomas Moyer and Pennsylvania Justice Seamus McCaffery - were both elected in statewide votes.

Moyer says having to travel across his state to fundraise can erodepublic confidence in the courts.

"Going out asking for money creates a real strain in my judicial work,and I can't promise or predict to voters how I would decide a particular
issue," said Moyer. "It conflicts with the idea that judges are and should be impartial, and not be influenced by anything, especially money."

But as Pennsylvania's newest elected high court member, McCaffery foundvisiting all of his state's 67 counties on his Harley motorcycle to campaign was a treat.

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Filed under: Supreme Court


December 14, 2009
Posted: December 14th, 2009 01:00 PM ET

From
The Supreme Court will determine whether a police officer has a 'reasonable expectation' of privacy on his official wireless two-way text-messaging pager.
The Supreme Court will determine whether a police officer has a 'reasonable expectation' of privacy on his official wireless two-way text-messaging pager.

WASHINGTON (CNN) - When Ontario, California, Police Sgt. Jeff Quon used his city-issued text messaging pager to exchange hundreds of personal messages, some of a "sexually explicit" nature, did he have a right to expect those messages would be kept private?

The Supreme Court decided Monday that it will determine whether a police officer has a "reasonable expectation" of privacy on his official wireless two-way text-messaging pager.

The justices accepted a pair of appeals on this free-speech and privacy dispute, and will hear oral arguments in the spring.

At issue is how far a government employer may go to monitor the private communications of its workers when they believe that the use of such equipment is being abused.

And the court will explore whether service providers can be held liable for providing those communications without the consent of the sender.

Full story

Filed under: Supreme Court


December 8, 2009
Posted: December 8th, 2009 04:03 PM ET

From

ALT TEXT

The newest justice had the honor of issuing the Supreme Court's first ruling of the term. (Photo Credit: Getty Images)

Washington (CNN) - The newest justice had the honor of issuing the Supreme Court's first ruling of the term, and Sonia Sotomayor managed a shy smile Tuesday after reading a portion of it from the bench in the public session.

Sotomayor joined the bench in August and has heard oral argument in 35 appeals with her eight colleagues. The high court issued three other rulings Tuesday, from cases heard when the new term began in early October.

Chief Justice John Roberts announced Sotomayor's name at the start of the morning session, and she proceeded to spend about four minutes summarizing the court's unanimous conclusions.

At issue in her ruling was the right to immediately appeal a judge's pretrial order requiring disclosure of confidential attorney-client communications.
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Filed under: Sonia Sotomayor • Supreme Court


November 30, 2009
Posted: November 30th, 2009 02:00 PM ET

From

Washington (CNN) - The Supreme Court has ordered a lower court to re-examine an ongoing dispute over public release of photos apparently depicting abuse of suspected terrorists and foreign soldiers in U.S. custody.

President Obama signed legislation late last month to keep the disputed material under wraps. That executive action apparently prompted the justices to delay any consideration of the larger legal issues.

In a brief order Monday, the high court instructed the New York-based 2nd U.S. Circuit Court of Appeals to re-examine its decision earlier this year that the photos be disclosed. The photos - more than three dozen images of Iraqi and Afghan prisoners - were gathered as part of a military investigation into allegations that detainees held in Afghanistan and Iraq were tortured and physically abused.

The American Civil Liberties Union had filed a Freedom of Information Act request for the photos. The Bush administration denied that request, and the ACLU filed suit.

Full story

Filed under: Obama administration • Supreme Court


October 15, 2009
Posted: October 15th, 2009 12:00 PM ET
Justice Ginsburg had taken two medications before boarding an overnight flight, a court spokeswoman said.
Justice Ginsburg had taken two medications before boarding an overnight flight, a court spokeswoman said.

WASHINGTON (CNN) - Supreme Court Justice Ruth Bader Ginsburg was hospitalized overnight for what appeared to be an adverse reaction to medication, but was released Thursday, a court spokeswoman said in a statement.

Ginsburg, 76, was taken to the Washington Hospital Center at about 11:15 p.m. Wednesday. She had taken a sleeping aid combined with cold medication immediately after boarding an overnight flight to London, England, the statement said.

"Prior to the plane taking off, the justice experienced extreme drowsiness, causing her to fall from her seat," the statement said. Paramedics were called and she was taken to the hospital as a precaution.

"Justice Ginsburg was evaluated at the hospital and she was found to be in stable health. Doctors attributed her symptoms to a reaction caused by the combination of a prescription sleeping aid and an over-the-counter cold medication," the statement said. "She was admitted overnight for observation and was released this morning."

Full story

Filed under: Ruth Bader Ginsburg • Supreme Court


October 13, 2009
Posted: October 13th, 2009 12:09 PM ET

From

WASHINGTON (CNN) – The Supreme Court has postponed deciding whether the Obama administration can block public release of photos apparently depicting abuse of suspected terrorists and foreign soldiers in U.S. custody.

The Obama administration told the justices late last week of an apparent agreement with Congress on a law preventing disclosure of the material. That could render the legal issues moot.

President Barack Obama had initially favored the release, which had been opposed by the Bush administration, but changed his mind after intense urging against it by military leaders.

That led the American Civil Liberties Union, which had sought access to the photos under the Freedom of Information Act, to file a lawsuit seeking disclosure.

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Filed under: President Obama • Supreme Court


October 7, 2009
Posted: October 7th, 2009 04:30 PM ET

From
A judge ruled that the Mojave Cross must be covered until a First Amendment issue can be resolved.
A judge ruled that the Mojave Cross must be covered until a First Amendment issue can be resolved.

WASHINGTON (CNN) - The Supreme Court offered conflicting concerns Wednesday over a cross, erected as a war memorial, that sits on national parkland in the Mojave Desert and whether it violates the constitutional separation of church and state.

Conservative members of the bench suggested that Congress acted properly when it tried to transfer land around the Mojave Memorial Cross to veterans groups, an effort to eliminate any Establishment Clause violation. A federal appeals panel had blocked that land swap.

"Isn't that a sensible interpretation" of a federal court injunction banning the display on government property, Justice Samuel Alito asked.

But Justice Stephen Breyer was adamant that the government had not acted in good faith. "You are violating this injunction" that ordered removal of the cross, he told the government's lawyer.

The swing vote - as he is in many hot-button issues - may be Justice Anthony Kennedy, who questioned attorneys on both sides but did not indicate how he was leaning.

Full story

Filed under: Supreme Court


October 6, 2009
Posted: October 6th, 2009 06:35 PM ET
Selling depictions of animal cruelty like this amateur dogfighting video may be illegal under a 1999 statute.
Selling depictions of animal cruelty like this amateur dogfighting video may be illegal under a 1999 statute.

WASHINGTON (CNN) - The Supreme Court voiced deep free speech concerns Tuesday about a law designed to stop the sale and marketing of videos showing dog fights and other acts of animal cruelty.

The justices heard an hour of lively debate about the scope and intent of the decade-old statute that supporters say has done much to stop the spread of profiting from the torture and abuse of animals.

But media groups and the National Rifle Association were among those who say the law is overly broad.

"It's not up to the government to decide what are people's worst instincts," said Justice Antonin Scalia. "One can contemplate a lot of other areas, where government could say: You are appealing to people's worst instincts, and, therefore, movies cannot be made" showing dramatized depictions of animals being abused, for example.

Full story

Filed under: National Rifle Association • Supreme Court


October 3, 2009
Posted: October 3rd, 2009 09:08 AM ET

From
Cardinal Theodore McCarrick and Chief Justice John Roberts attend Red Mass in 2005.
Cardinal Theodore McCarrick and Chief Justice John Roberts attend Red Mass in 2005.

WASHINGTON (CNN) – The beautifully ornate Catholic church in the nation's capital has seen its share of history and controversy.

In 1963, the Cathedral of St. Matthew the Apostle was the site of John F. Kennedy's funeral. After the service, on the steps outside, the slain president's young son famously saluted his father's memory.

But the church is also the site of an annual Mass that has drawn criticism for what many see as an unhealthy mix of politics, the law and religion.

Washington's annual Red Mass, which celebrates the legal profession, will be held this year on Sunday, October 4 - the day before the Supreme Court begins its new term. Several justices traditionally attend, along with congressional leaders, diplomats, cabinet secretaries and other dignitaries.

Past presidents have also attended, though there is no word yet on whether President Obama will appear.

Full story

Filed under: Supreme Court


October 1, 2009
Posted: October 1st, 2009 06:45 PM ET

From
Cardinal Theodore McCarrick and Chief Justice John Roberts attend Red Mass in 2005.
Cardinal Theodore McCarrick and Chief Justice John Roberts attend Red Mass in 2005.

WASHINGTON (CNN) - The beautifully ornate Catholic church in the nation's capital has seen its share of history and controversy.

In 1963, the Cathedral of St. Matthew the Apostle was the site of John F. Kennedy's funeral. After the service, on the steps outside, the slain president's young son famously saluted his father's memory.

But the church is also the site of an annual Mass that has drawn criticism for what many see as an unhealthy mix of politics, the law and religion.

Full story

Filed under: Supreme Court



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