Supreme Court

The Supreme Court’s next abortion case

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September 6, 2013
Supreme-Court

Supreme Court A gloomy forecast, by Linda Greenhouse: Justice Anthony M. Kennedy, author of the 5-to-4 opinion in June that struck down the Defense of Marriage Act, may well be a hero to the gay rights community, and deservedly so. But he’s also the author of the 5-to-4 opinion that upheld the federal ban on […]

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New issue for Supreme Court: Can private businesses claim religious exemptions?

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August 16, 2013
Bibleopoly

It now seems almost certain that something I predicted in December will occur: within the coming year, the Supreme Court will decide whether private, for-profit businesses can claim a religious opt-out from a generally applicable law based on the religious beliefs of the owners. If the Court rules that such a claim is permissible, there will […]

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Whither judicial minimalism?

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July 25, 2013
Hunter-Of-Justice

  There is virtually no dispute among elite voices in the law – of the political left or right – that the courts that adjudicate best are those that adjudicate the least number of questions necessary to resolve a dispute. Consider the call of leftist Professor Mark Tushnet to take power away from the courts, […]

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Justice Ginsburg: Not retiring

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July 4, 2013
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 In an interview this week with Joan Biskupic of Reuters, Justice Ginsburg shot down rumors that she will soon announce her retirement from the Supreme Court, despite admonitions that she should do so to ensure that President Obama would name her replacement and to avoid the risk that Republicans might win control of the Senate in […]

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Americans approve Supreme Court marriage decisions, split on Voting Rights Act ruling

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July 3, 2013
Supreme-Court

Source: Washington Post In two polls conducted last week, more Americans approved of the Supreme Court’s marriage decisions than disapproved, while results were split on attitudes toward the voting rights decision. On the marriage issues, opinion followed the familiar divisions based on age, political party, and gender. In an ABC-Washington Post poll, 56 per cent of […]

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Equality: Now you see it, now you don’t

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June 27, 2013
Supreme-Court-Statue

  [Cross-posted at The Nation] It was the best of weeks and the worst of weeks at the Supreme Court. On Wednesday the Court struck down a law that erased the marriages of same-sex couples from the benefits and burdens of all federal programs, and pulled the plug on efforts to keep a ban on […]

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