Tag Archives: Supreme Court

Pro-business Conservatives and the Affordable Care Act

For the third time in four years, the fate of the Affordable Care Act rested with the United States Supreme Court.  Early this morning, by a 6-3 vote, the United States Supreme Court kept the Affordable Care Act (and the health insurance industry) alive.  If you look at all three case over the past four years, the key votes on the Supreme Court have belonged to the two pro-business conservatives (Justice Kennedy and Chief Justice Roberts).  The remaining justices have been predictable — the liberals supporting the Affordable Care Act and the three ultra-conservatives opposing.  If the past is any predictor for the future, any remaining challenges to the Affordable Care Act may rise or fall on what’s good for business.

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Guide to Decision Days-Supreme Court FAQs

I, and others, post on legal issues for the simple reason that almost every major political issue ends up in the courts — either as parties trying to use the courts to achieve what they could not achieve in the legislature or the simple effort of parties to apply a new law to particular situations.  For a variety of reasons, many politically significant decisions are issued by the Supreme Court in two or three key days near the end of June.  Since most political junkies are not avid court watchers until June, here are some FAQ’s about what will be happening between now and Monday (or maybe even later).

1)  Do we know what opinions will be issued on which days?  No, the Supreme Court keeps this information pretty much under wraps (in part because an opinion can be pulled at the last second if any  Justice wants one more chance to think about it).  

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Supreme Court Decisions: The Final Week

Today, the Supreme Court issued four opinions, leaving seven cases still pending from this year.  They also announced that they will be issuing opinions on Thursday and Friday.  With two more opinion days this week, there is a significant chance that the last of the opinions will be issued on Friday, but it is slightly more likely that the last one or two will come on Monday (with a slim chance of a second opinion day next week).  Additionally, with today’s opinions, it is possible to make a good guess on who has which case.

From January, it is all but certain that Justice Kennedy has the Fair Housing case.  That is not necessarily good for civil rights activists, but there were worse possibilities.

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Immigration and Marriage

In politics, leaked information is rather common.  It always seems that a potential proposal or policy change hits the news while it is still under consideration.  The judiciary, and particularly the Supreme Court, has been mostly immune from this practice.  The lack of solid information on what the Supreme Court has decided in any particular case before the official release of the decision leads those who follow the Supreme Court to try to read omens and clues from a variety of sources — the questions asked at oral argument, which justices have issued opinions from a particular two-week argument session, and sometimes what the justices have said in another opinion.

As we near the end of the active part of this year’s Supreme Court term, this past week saw a flood of opinions (nine opinions) leaving eleven cases to be issued presumably between Monday and July 1.  (At the present time, the Supreme Court will almost certainly be handing down some opinions on Monday, June 22.  It is unlikely that they will hand down eleven opinions on Monday.  The Supreme Court has not yet announced any other days for the next seven days.  Jf the Supreme Court is going to hand down all opinions this week, there will probably be one or two more days.  If not, we will see at least some opinions on June 29, and maybe even on June 30 or July 1.)  There were a couple of interesting Free Speech cases that I will probably post something on during the down time of July, but the big four cases of the second half of the term remain for this last push (fair housing, redistricting, health insurance subsidies, and same-sex marriage).  The big surprise this week, however came in an unexpected case, Kerry v. Din.  When this case came to the Supreme Court, it looked like a case about immigration law and the virtually unreviewable discretion of embassy staff to reject a visa request.  However, this case arose in the context of the spouse of a U.S. citizen and court watchers are now wondering what the discussion of marital rights in this case might hint about the same-sex marriage cases.

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Supreme Court and Foreign Policy

One of the basic lessons that law students learn in law school is the importance of “framing” an issue.  The “legally correct” result of a case often depends on how the issue is framed.

This past week, the United States Supreme Court decided Zivotsky v. Kerry, a case involving the constitutionality of a 2002 statute requiring the State Department to designate that a person born in Jerusalem as being born in Israel in passports and consular report if that person requested.  In a 5-1-3 decision, the Supreme Court struck down this statute.  (The 1 was Justice Thomas who would have struck down the statute with regards to the passport requirement but left it in place for the consular report).

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June at the Supreme Court

It’s approaching that time of year again — June at the Supreme Court.  The time of year when — with Congress merely slogging things out on legislation — attention in Washington D.C. turns to the Supreme Court, and the Supreme Court obliges with major decision on top of major decision.

For reasons that probably date back to the days when the Supreme Court Justices also heard cases in the Circuit, the Supreme Court has a tradition of wrapping up the business of deciding cases by the end of June.  For the most part, during the first part of the annual term, the Justices tend to take between two and five months to write an opinion on a case, with the exact length depending on the complexity of a case, the Justice’s writing style, and whether the decision is unanimous (by tradition, other Justices are given the opportunity to complete their separate opinions on a case and all of the opinions on a case are issued at the same time if there are multiple opinions).  Since the most significant cases tend to be split decisions, that tends to push them back and major decision from the December and January arguments sessions may not be issued until late May or early June where they share space with the decisions from the February, March, and April argument sessions (on which the Supreme Court lacks the time to take for or more months to complete their work).  Heading into Tuesday’s session (as the Court is taking Memorial Day off with the rest of us), there are twenty-eight cases still waiting for opinions and 5-6 weeks to go.  (The Supreme Court is currently showing that it will be issuing opinions and orders the week of June 29th. )  Of course, not all of these cases are significant from a political perspective.  What follows is what is currently known about the cases that followers of this site might find significant.

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The Supreme Court and Same-Sex Marriage

This upcoming week is the last week of arguments for the current Supreme Court Term.  The highlight of this week’s arguments is Tuesday’s arguments in the same-sex marriage cases.  Ahead of the argument, a brief preview in the form of frequently asked questions.

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Supreme Court and Equality

Today, the United States Supreme Court issued two opinions, both 5-4 decisions with the majority opinion authored by Justice Breyer, in cases involving equality issues.

The first case, Young vs. United Parcel Service, involved Title VII (precluding discrimination in employment based on race or gender).  Specifically, it involved the interpretation of the Pregnancy Discrimination Act — an amendment to Title VII passed in the 1970s after the Supreme Court had originally ruled that discriminating based on the fact that an employee was pregnant or might get pregnant was not discrimination based on gender.  The generally understood intent of Congress was that an employer could not discriminate against an employee simply because the employee was pregnant or might get pregnant.  The particular provision at issue in the case was the requirement that employers had to treat pregnant workers the same as other workers who are similar in their ability to work or not work.  The employee in this case had a medical restriction due to her pregnancy that limited the weight that she could lift.  This weight limit was less than what UPS expected its drivers to be able to lift; so the employee asked for the company to accommodate her condition, but UPS refused.  The employee claimed that the decision violated Title VII because UPS was willing to make that accommodation for other drivers who had a medical restriction.

The majority (by one vote) decided in favor of the employee.  But rather than following the spirit of the law — requiring an accommodation unless it was unreasonable if the employer granted a similar accommodation to other workers — the majority crafted a balancing test to determine what workers are similar.  Under this balancing test, the fact that an employer was willing to accept a medical restriction for other workers (for example, one who got injured on the job) would merely be one factor in determining whether the distinction that the employer makes between pregnancy and other conditions that require accommodation is based on a  legitimate reasons or whether the reason given seems to be a pretext for discriminating against pregnant women. Continue Reading...

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