You are here

June, 2009

June 29, 2009

Environmentalists suffered a stunning 0-for-5 outcome in the U.S. Supreme Court this term, their "worst term ever," according to advocates and scholars.
The defeats left the environmental community, and even its traditional antagonist in these cases — the business community — wondering where the Court is heading in this increasingly important area of the law.

Is the Roberts Court pro-business, anti-environment, pro-government — or something else? Their answers are as varied as the issues raised in the five cases that the justices decided.

June 22, 2009

The US Supreme Court's 8-to-1 decision on the Voting Rights Act Monday represented an apparent compromise – resolving a broad legal challenge to the landmark law without undercutting the main force of it.

The high court ruled that a small utility district in Texas was eligible for an exemption from mandated federal oversight of its local elections.

That new, more expansive, interpretation of Section 5 of the Voting Rights Act allowed the high court to sidestep a much larger constitutional challenge that loomed over the case – and over the high court itself.

June 22, 2009

Dahlia, you ask how we should respond to Justice Thomas' declaration that finding Section 5 "no longer constitutionally justified" should be seen not as a "sign of defeat" but rather an "acknowledgment of victory." Superficially, that's very catchy. There are only two problems with it—the facts and the law. On the facts, there is plenty of evidence that American society has not yet entered a post-racial political nirvana.

June 22, 2009

WASHINGTON (CNN) -- The Supreme Court compromised Monday in a major voting rights case, finding that a powerful enforcement tool in the landmark Voting Rights Act was being applied too broadly.

The Supreme Court avoided the larger constitutional issue in the voting rights case.

However, the decision avoided the larger issue of whether the federal government should continue to have oversight to ensure that local areas are free of voter discrimination.

June 18, 2009

Supreme Court nominee Sonia Sotomayor and senators who will vote on her confirmation are engaged in a careful conversation about where she stands on hot-button issues like abortion and gun rights. You probably won't hear any of it, though, since the exchange is taking place in code.

Sotomayor is simply following a time-honored tradition: High court nominees work mightily to reassure senators that they won't be radicals seeking to impose an agenda, without revealing how they might rule on key issues that could come before the court.

June 15, 2009

Sometime in the next few weeks, the Supreme Court is expected to issue its ruling in Northwest Austin Municipal Utility District Number One v. Holder, a frontal challenge to the constitutionality of the preclearance provision of the Voting Rights Act. Under that section of the law, changes in election procedures in covered jurisdictions that might affect minority voting power must be submitted to the Justice Department for approval.

June 15, 2009

It didn't take President Obama very long to pick Sonia Sotomayor as his nominee to replace Supreme Court Justice David Souter, but he may face the same difficult choice again soon. With Justices Ruth Bader Ginsburg and John Paul Stevens likely approaching the end of their tenures, Obama could end up naming at least two more justices to the high court. What would he be looking for in his second and third nominees?

June 14, 2009

Word went out from the White House even before the first rhetorical shots had been taken at Sonia Sotomayor: Keep your powder dry.

The last thing the administration needed, senior aides to President Obama made clear to their liberal allies both publicly and privately, was a war with conservatives such as Rush Limbaugh and Newt Gingrich over whether the judge is a racist. Stay on message, they counseled, and we will offer a clear case about her credentials and legal experience.

June 8, 2009

 

She asked probing questions of each side in the reverse-discrimination suit. But the circuit court's 135-word summary order rubbed some the wrong way
 

Supreme Court nominee Sonia Sotomayor is an aggressive and, at times, dominating force on the bench.

June 8, 2009

In a landmark ruling that could affect state judicial elections nationwide, the U.S. Supreme Court on Monday said that due process can require a state judge to recuse when a party in a case before him or her has had a "significant or disproportionate" influence on placing the judge on the court through an outsized campaign donation.

June 2, 2009

 

The U.S. Court of Appeals for the 7th Circuit today ruled that the Second Amendment right to bear arms cannot be held to restrict state gun control laws until the Supreme Court rules that the right applies to the states.

June 2, 2009

 

The U.S. Court of Appeals for the 7th Circuit today ruled that the Second Amendment right to bear arms cannot be held to restrict state gun control laws until the Supreme Court rules that the right applies to the states.