Tag: Supreme Court

Rush to confirm Brett Kavanaugh

Rush to confirm Brett Kavanaugh

Why the rush to confirm President Trump’s nominee for the Supreme Court vacancy Brett Kavanaugh? In the words of Senator Cory Booker (D-NJ) “What is the rush? What are we afraid of?”

The Senate Judiciary Committee began confirmation hearings today. I was listening while driving and heard Senator Patrick Leahy (D-VT) complain that the committee has seen only 7% of the documents needed to evaluate the nominee. And only about half of that could be shared with the public.
Continue reading “Rush to confirm Brett Kavanaugh”

The Supreme Court  hears church-state case

The Supreme Court hears church-state case

Next week the Supreme Court will hear a major church-state case. The church in this case would like to fix-up its pre-school playground. The state of Missouri would fund this type of thing for a public playground but is prevented from funding this request because the state constitution says “no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, or denomination of religion.” The case is before the court to decide if the church can get the money.
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Supreme Court vacancy: Senator McConnell’s second chance

Supreme Court vacancy: Senator McConnell’s second chance

Senator Mitch McConnell made history when he stopped the Senate from doing it’s job in holding hearings to allow President Obama to fill the Supreme Court vacancy. His somewhat novel theory was that a President had limited powers during his last year in office and should not nominate someone for the Supreme Court if there was a vacancy.

Senator McConnell now has a second chance to make history, President Trump has nominated Judge Gorsuch to fill that vacancy. But President Trump is now under FBI investigation for colluding with Russia to influence the 2016 election. It seems to me that this is reason enough to stop the confirmation process now.
Continue reading “Supreme Court vacancy: Senator McConnell’s second chance”

Rowan County Kentucky Clerk should resign or follow the law

Rowan County Kentucky Clerk should resign or follow the law

The Rowan County Kentucky Clerk’s Office has decided not to obey the law and issue marriage licenses to gay couples despite a Supreme Court Ruling making same-sex marriage a right nationwide. The Rowan County Clerk Kim Davis claimed doing so would be a violation of her religious rights.

However, U.S. District Court Judge David Bunning felt differently and ordered the office to issue marriage licenses to same sex couples. Continue reading “Rowan County Kentucky Clerk should resign or follow the law”

What part of “any person”  does Justice Roberts not understand ?

What part of “any person” does Justice Roberts not understand ?

Today the Supreme Court ruled by a 5-to-4 vote that the Constitution guarantees a right to same-sex marriage. In his dissent Justice Roberts suggested that there was nothing relevant in the Constitution. How about the 14th Amendment?

Amendment XIV
Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

What part of “any person” does Justice Roberts not understand? I know Justice Scalia has trouble with concepts such as “all persons” or “any person” but I thought Justice Roberts was better.

Walker v. Sons of Confederate Veterans and offensive license plates

Walker v. Sons of Confederate Veterans and offensive license plates

A case before the Supreme Court  (Walker v. Texas Division, Sons of Confederate Veterans, Inc.)  contests whether the state of Texas can decide not to  issue specialty license plates bearing a Confederate battle flag.

At one time license plates (called tags in some locales) just served to identify the car for law enforcement purposes.  But states realized they could make money by allowing those with registered vehicles to pay a bit extra to have specialty license plates with a logo or message on them.

Texas law gives the state the right to reject specialty license plates that are offensive.  But some things are offensive to a few, and others offensive to many.  Is this standard vague? Continue reading “Walker v. Sons of Confederate Veterans and offensive license plates”

Hobby Lobby: Missing the forest for the trees

Hobby Lobby: Missing the forest for the trees

The recent Supreme Court decision on in favor of Hobby Lobby and Conestoga Wood Specialties seeking an exemption from the contraception mandate of in the Affordable Care Act (ACA) was a step in the wrong direction. I think although the justices applied the Religious Freedom Restoration Act (RFRA) to reach a narrow conclusion, it was wrong and that wrongness will cause greater harm than the narrow ruling suggests. Continue reading “Hobby Lobby: Missing the forest for the trees”

Voting Rights Act – don’t mess with Texas

Voting Rights Act – don’t mess with Texas

Very soon after part of Voting Rights Act was struck down by the Supreme Court several states moved to restrict voting rights with the new-found freedom that they believed the court had given them.

For example, here is Congressman Lamar Smith (R-Texas):

In June, the Supreme Court found that it was unconstitutional to hold Texas and several other states to a different standard in the Voting Rights Act. The Court found that the actions of the past could not be held against current and future generations. The result of the decision is that Texas is no longer required to seek pre-clearance from the Justice Department before voting rights laws can be implemented.

In other words, the Supreme Court message to the Justice Department was clear – don’t mess with Texas. But Eric Holder and the Justice Department aren’t listening. …

The bold in the quote above is my emphasis because that part is clearly wrong.

It is important to note that the Supreme Court only struck down the requirement that some (but not all) jurisdictions be subject to pre-clearance by the Justice department for any voting change because those jurisdictions were identified using 40 year old data.

The Court upheld all other aspects of the Voting Rights Act and clearly did not give states the freedom to restrict voting in any way they choose. All states (even Texas) are subject to the Voting Rights Act.

I think Eric Holder and the Justice Department are listening and doing the right thing .

The Supreme Court and same-sex marriage and interracial marriage

The Supreme Court and same-sex marriage and interracial marriage

I was thinking about the arguments before the Supreme Court right now as they decide about 2 same-sex marriage cases. It seems to me that both laws are wrong in that they denying civil rights to a certain class of individuals.

I was thinking of a documentary I saw a while back. I looked it up and it seems to be The Loving Story on HBO. The klink may be a bit slow to load but it is a good summary of the story and has links to more about the documentary.

In that case there was a law against interracial marriage which forced this couple from their home. The law was eventually found unconstitutional but it seems to me a good bit of harm was done to this and probably other families by then.

I was thinking that this is kind of the same issue or at least very similar so I googled what I remembered from “The Loving Story” and found a good blog entry did a very good job in discussing this.

So read The Supreme Court Ended Mixed-Race Marriage Bans Less than 50 Years Ago.