In the October 2011 Term, the U.S. Chamber of Commerce had a perfect 7-0 win/loss record before the Roberts Court. Just as striking, however, the Chamber went head to head against the Solicitor General five out of seven times, coming out on top every time.
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Is there any limit to the Right’s hypocrisy about the Constitution? Do folks like Marco Rubio, Michele Bachmann, war-on-terror architect John Yoo, and columnist Charles Krauthammer really believe the Constitution means one thing when a Republican is in the White House, and something entirely different when the President is a Democrat?
Without much fanfare, the U.S. Chamber of Commerce is edging towards what could be its first “perfect” Term before the U.S. Supreme Court since at least 1994. With today’s decision in Southern Union Company v. United States, the Chamber has declared victory in all seven of its cases that have reached a clear outcome. This string of seven straight victories brings the Chamber’s overall win/loss rate before the Roberts Court up to 68% (60 of 88 cases). In the health care case, the Chamber is arguing that if the mandate is found unconstitutional, then the Court should strike down the entire Affordable Care Act.
Twenty years ago this month, a bitterly divided Supreme Court handed down Planned Parenthood v. Casey, one of the most important opinions delivered by the Court on the meaning of the Constitution’s protection of liberty and equality for all Americans. In a landmark joint opinion, authored by Justices Anthony Kennedy, Sandra Day O’Connor, and David Souter, a narrow five-Justice majority reaffirmed what they called the “essential holding of Roe,” beating back a twenty-year assault on the Supreme Court’s decision in Roe v.
The Supreme Court today is sharply divided along ideological lines over the meaning of the Fourteenth Amendment’s guarantee to all persons of the “equal protection of the laws” when it comes to discrimination on the basis of sex and sexual orientation.
Everyone knows about Citizens United v. FEC, but its jurisprudential “cousin,” the Court’s 2011 opinion inSorrell v. IMS Health, Inc.