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Justices Halt Affirmative Action at University of Texas
WASHINGTON — The Supreme Court ruled Monday that lower courts did not apply a sufficiently high level of scrutiny to the University of Texas’ use of race in admissions decisions, sending the case back to one of those lower courts to be reconsidered. The decision will most likely have few immediate implications for affirmative action programs - By THE NEW YORK TIMES
Justices Agree to Hear Case on President’s Recess Appointments
WASHINGTON — The Supreme Court on Monday agreed to decide whether President Obama violated the Constitution last year when he bypassed the Senate in making three recess appointments to the National Labor Relations Board. The court will review a January decision from a three-judge panel of a federal appeals court in Washington that ruled against - By ADAM LIPTAK
Supreme Court Weighs Cases Redefining Legal Equality
WASHINGTON — Within days, the Supreme Court is expected to issue a series of decisions that could transform three fundamental social institutions: marriage, education and voting. The extraordinary run of blockbuster rulings due in the space of a single week will also reshape the meaning of legal equality and help define for decades to come one of - By ADAM LIPTAK
Details on today's Supreme Court orders : SCOTUSblog
Details on today's Supreme Court orders. The Court granted cert. in nine cases today. Brief summaries as well as details on additional orders are below. The issue in No. 12-515, Michigan v. Bay Mills Indian Community, ...
How has the Supreme Court defined freedom of speech? What are the three categories of free speech?
How has the Supreme Court defined freedom of speech? What are the three categories of free speech? Define each category.
Answer: The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. Although adopted as part of the Bill of Rights in 1791, most First Amendment doctrine is a result of twenty-century litigation. The Supreme Court interprets the extent of the protection afforded to these rights. The First Amendment has been interpreted by the Court as applying to the entire federal government even though it is only expressly applicable to Congress. It wasn't until 1925, in Gitlow v. New York, that the Supreme Court extended the First Amendment freedoms of speech and the press to the states through the Fourteenth Amendment due process clause.
The government may regulate obscenity. Speech defined as obscenity is not protected by the First Amendment Obscenity is speech that
the average person, applying contemporary community standards, would find, taken as a whole, to appeal to the prurient interest;
depicts or describes in a patently offensive manner specifically defined sexual conduct; and
lacks as a whole serious literary, artistic, political or scientific value.
Nor is speech likely to incite violence, lawless action, or danger to the nation's security protected. Commercial speech is protected under an intermediate level of scrutiny and the government can ban deceptive or illegal commercial speech.
The right to free speech includes other methods of expression that communicates a message. As new methods of communication are developed, they have presented unique challenges to First Amendment doctrine.
Category: History
SCOTUSblog
12 minutes ago ... That appears to be the new shape of “affirmative action” after the Supreme Court on Monday issued its much-awaited and long-delayed ruling ...
Brazil, Fortune and Fate Turn on Billionaire
When the Brazilian billionaire Eike Batista appeared on the Charlie Rose show in 2010, he and his country were on a roll. Brazil’s economy, driven by a worldwide commodity boom, grew a blistering 7.5 percent that year. And Mr. Batista’s prodigious holdings — spanning oil, mining, shipping and real estate — were soaring in value. In the - By PETER LATTMAN and SIMON ROMERO
What did the supreme court rule in marbury vs. madison? what did it decide was the role of judges in the govt?
What did the supreme court rule in marbury vs. madison? what did it decide was the role of judges in the US government?
Answer: Supreme Court of the United States established its authority to review and invalidate government actions that conflict with the Constitution of the United States. In Marbury, Chief Justice John Marshall, speaking for a unanimous Court, expressed for the first time the concept of judicial review at the federal level. Although the Court’s decision concerned only a minor provision of a federal law, the case is monumentally significant because it was the first time that the Supreme Court declared an act of Congress to be unconstitutional. Equally significant was Marshall’s reasoning in the case.
Today Marbury is generally considered to be the most important early U.S. Supreme Court decision and the leading precedent for the idea that the Court has the power—and the duty—to strike down acts of Congress that violate the Constitution. While central to modern jurisprudence, the case involved a rather technical set of facts and an issue of relatively minor importance.
Category: History
Biographies of Current Justices of the Supreme Court
Supreme Court Document ... Supreme Court Information .... President Bush nominated him as an Associate Justice of the Supreme Court, and he took his seat ...
Conservatives Pledge To Defy Supreme Court - Huffington Post
The Supreme Court has yet to announce its decision on the two gay marriage cases. However, that has not stopped conservatives from pledging to defy marriage equality, if the high court makes a pro-LGBT decision.
What does it mean for an attorney to have supreme court recognition?
How does a lawyer get supreme court recognition? Is it hard to do? Is it an award or a privilege?
Answer: Too lazy to google/verify but my guess is that it means that you argued a case before the US Supreme Court. I know that doing so is considered one of the greatest achievements that you can have as an attorney.
Category: Government
Supreme Court of the United States: Home
Apr 16, 2013 ... supremecourt.gov is the official web site for the Supreme Court of the United States.
Daily Kos: Supreme Court will hear case on Obama's recess ...
The Supreme Court will take up the question of whether President Obama's recess appointments to the National Labor Relations Board were constitutional in a case that has the potential to reshape how recess appointments ...
How come the Supreme Courts decisions are always carried into effect? What enforces them?
Why do people always listen to the Supreme Court? What if they really disagree? Like, not just a person, but what if a whole state court system disagrees?
Answer: They are voluntarily complied with.
Back during Andrew Jackson's presidency the court handed down a ruling he didn't like. The Supreme Court, led by Chief Justice John Marshall, prohibited President Andrew Jackson from forcibly moving Indians from southeastern states to the western territories. Jackson refused to obey, saying "John Marshall has made his decision; now let him enforce it!"
Category: Law & Ethics
Awaiting the Supreme Court's gay marriage decisions - Yahoo! News
21 minutes ago ... From Yahoo! News: The experts at SCOTUSblog—SCOTUS stands for Supreme Court of the United States—will begin analyzing what the ...
Can supreme court order Obama to release photos?
Lets say supreme court disagrees that, "release of photo endangers national security". What happens then?
Answer: The Supreme Court is used to interpret the US Constitution. What Constitutional Amendment is being "possibly" violated by the White House not releasing the photos of a dead Al Qaeda leader?? It is their decision, and they decided not to. Personally, I think it was a proper decision. And from most of the polls being done, most Americans agree with the decision.
So where does YOUR right to know outweigh that???
Category: Politics
A Guide to The Times's Supreme Court Coverage - NYTimes.com
This week is expected to be one of the more consequential ones at the Supreme Court in recent years, with decisions coming on cases concerning same-sex marriage, affirmative action and the Voting Rights Act.
Supreme Court of the United States - U.S. Courts
A brief overview of the structure and function of the U.S. Supreme Court.
SIDEBAR; A Test Track for Tuning Up Supreme Court Arguments
WASHINGTON — On a Friday afternoon in April, a lawyer from California took his Supreme Court argument for a test drive, trying out themes and soliciting advice from five lawyers and law professors pretending to be justices. Such moot courts are a crucial feature of modern Supreme Court advocacy. The argument took place in a fake courtroom at - By ADAM LIPTAK
when did the supreme court rule that newpapers would be uncensored?
I know that the supreme court ruled that press should be uncensored except for school papers, but i need to know what year this was ruled in. THanks!
Answer: I don't think the supreme court did it. Freedom of the press is guaranteed by the first amendment to the US constitution.
Category: Media & Journalism
How does the supreme court incorporate liberties contained in the Bill of Rights?
How does the supreme court incorporate liberties contained in the Bill of Rights?
What "test" for incorporation did the court establish in Palko v. Connecticut?
Answer: Palko had been convicted of murder and sentenced to life imprisonment. The State of Connecticut, pursuant to a state law that was unusual even at that time, took an appeal, and secured reversal, based on the fact that some error had occurred, and Palko was retried. On the second trial, he was convicted, and he was sentenced to death. The Connecticut Supreme Court affirmed, and Palko appealed to the United States Supreme Court, claiming that his right to be free from double jeopardy had been violated. The Court affirmed his conviction and sentence. At that time, the Fifth Amendment's guarantee against double jeopardy was not binding on the states, and, according to the Court, the Due Process Clause of the Fourteenth Amendment, which was binding on the states, only incorporated those rights which were "of the very essence of a scheme of ordered liberty." Double jeopardy, according to the Court, was not one of those rights.
Palko was later overruled in Benton v. Maryland, 395 U.S. 784 (1969), but that was too late for Mr. Palko, who was electrocuted in 1938. Palko was a cop killer, so maybe he got what he deserved.
Category: Government
Supreme Court raises bar for affirmative action in college ...
The Supreme Court on Monday allowed affirmative action to survive in college admissions but imposed a tough legal standard, ruling that schools must prove there are “no workable race-neutral alternatives” to achieve ...
Supreme Court strikes down Arizona law requiring proof - NBC News
The Supreme Court on Monday struck down an Arizona law that requires people to submit proof of citizenship when they register to vote. The vote was 7-2. Justice Antonin Scalia, writing for the majority, said that a 1993 ...
Was the Congress, the President or Supreme Court most important during Civil Rights Movement?
Congress, the President, and the Supreme Court were all important in the advancement of people’s civil rights during the post-World War II period. Select one of the above (Congress, the President, or the Supreme Court), and note how it supported the civil rights movement. Be sure to provide specific examples to support your point.
Why is the Supreme Court most important?
Answer: everyone had a role to play but LBJ pushed through the law through congress, not the other way around.
supreme court began the journey Lincoln initiated, but they could not change the law.
Category: History
Is it fair for Supreme Court to bypass the congress with their interpretation of the constitution?
Is it fair for Supreme Court to bypass the congress with their interpretation of the constitution?
The Supreme Court must not be the final arbiter to interpret the constitution. It is not representative government. This is America not Venezuela.
If the Supreme Court interprets the constitution because the constitution is not explicit, their interpretation must be approved by 2/3 of congress and ¾ of the states. The constitution demands this. We must restore representative government to America. 200+ years of federalist government take over is enough and enough is enough. Time to change course.
Answer: For the balance of power to be fair it must be the way it currently is.
The courts don't get to make laws, nor enforce laws. They get to interpret laws. The Constitution was ratified by the all 13 of the original states, though it only required 9 of the states to ratify it.
The states then gave this power to the the courts (including the Supreme court). It cannot be changed without a constitutional amendment. You could amend the Constitution to limit the power of the Supreme Court, but no way would it go through successfully.
Category: Law & Ethics
Live Analysis of Supreme Court Decision on Affirmative Action ...
The Supreme Court ruled Monday that lower courts did not apply a sufficiently high level of scrutiny to the University of Texas' use of race in admissions decisions and sent the case back to one of those lower courts. Coverage ...
As Social Media Swirl Around It, Supreme Court Sticks to Its Analog Ways
WASHINGTON — Chad Griffin, a gay rights advocate, has arrived twice this month at the Supreme Court with his bags packed, ready to fly off to a rally if the court rules on same-sex marriage . Ted Olson, a veteran lawyer who argued the case, will be sitting in court on Monday, just in case. And Lisa Blatt, a Supreme Court litigator, is one of many - By MICHAEL D. SHEAR
Supreme Court News and Video - FOX News Topics - FOXNews.com
Watch breaking news videos and read news updates about Supreme Court on FOXNews.com.
How many Supreme Court justices will President Obama have the opportunity to appoint?
A. Obama will have the chance to appoint two in his first term and two more in his second term if he is reelected.
B. Supreme Court justices serve lifetime appointments, so it is impossible to know in advance how many vacancies any one president will get to fill.
C. Obama will be able to appoint a new justice for every member of the Court over the age of 65.
D. Obama will be able to replace as many justices as he chooses.
Answer: "B" is the correct answer (do your homework, this stuff is actually kind of important).
However Justice John Paul Stevens is like 90 years old and supposedly retiring, so it's safe to say Obama is on deck for at least one Supreme Court nomination in his first term.
There were rumors that Bill Clinton was going to get picked but he personally denied them and recommended a younger person be nominated.
Category: Politics
What merits a court case to go to the supreme court?
Why would a case need to go to the supreme court when state courts have just as much power as supreme courts? What is the process in deciding what courts move to supreme court and which dont?
Answer: According to the Constitution (Art. III, §2):
“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or
more States;—between a State and Citizens of another State;—between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of
different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
“In all Cases affecting Ambassadors, other public ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all
the other Cases before mentioned, the supreme Court shall have appellate jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.”
Appellate jurisdiction has been conferred upon the Supreme Court by various statutes, under the authority given Congress by the Constitution. The basic statute effective at this time in conferring and controlling jurisdiction of the Supreme Court may be found in 28 U. S. C. §1251 et seq., and various special statutes.
The Court receives over 10,000 requests to hear a case each year, though they can only hear about 100 each term. Each justice has personal law clerks who review all of the 10,000 petitions sent to the Court. If one of these sounds particularly interesting (usually contains a constitutional or federal provision that needs greater attention and clarification) they bring the case to the attention of their justice. Then that justice presents the case to the other members of the Court. 4 out of the 9 Justices must agree to hear the case for it to come before the Court for argument.
Category: Government
What are some current undecided supreme court cases?
I need to research an undecided supreme court case but Im having alot of difficulty actually finding some. Can you give me a few names as well as websites to do some research. Its greatly appreciated.
Answer: Well the biggie is Obamacare, but this site http://www.reuters.com/supreme-court/2011-2012 has links and brief descriptions of all the case scheduled until the end of the current session at the end of April
Category: Government
What is the evidence that the Supreme Court will actually decide the birth certificate issue?
The Supreme Court docket only says that they will decide whether to HEAR the CASE (grant certiorari) on December 5. It doesnt say that they will actually make a decision about whether the birth certificate is authentic.
So why do people continue to insist that the Supreme Court is going to make some sort of momentous decision on December 5?
Answer: There is no evidence. They will not hear the case on 1 December and I believe they will not grant certiorari. People who claim otherwise lack an even basic understanding of the Supreme Court and how it works.
Category: Elections
How many Supreme Court Justices will vote to listen to the Obama case?
Two cases are now pending in the Supreme Court, and one of them will be privately reviewed on December 5th. IF 4 justices vote to listen to the case, it will go into a full-fledged review.
So, how many justices do you believe will vote in favor of taking the case to a review?
Answer: If you let your little fingers do the walking, you can find the actual Supreme Court docket of pending cases:
http://search.access.gpo.gov/supreme-court/SearchRight.asp?ct=Supreme-Court-Dockets&q1=obama&x=28&y=24
Where you will discover first case 08A391, an application for an injunction, which was DENIED by Souter.
Also 08-570, where it says "response" due by December 1. The FEC et. al. waived their right to respond; in other words, "this is not worth our time."
And here are the cases due to be argued (Berg's case is nowhere to be found):
http://supreme.lp.findlaw.com/supreme_court/docket/index.html#October
There is no "private review" scheduled. I would be interested to see where you got that information.
Category: Elections
LOOKING AHEAD; Economic Reports for the Week Ahead
ECONOMIC REPORTS Data to be released this week includes the Chicago Fed National Activity Index for May (Monday); new orders for manufactured durable goods, the Standard & Poor’s Case-Shiller home price index and new-home sales for May (Tuesday); personal consumption in May (Wednesday); personal income and spending and pending home sales for
Supreme Court of the United States - Wikipedia, the free encyclopedia
The Supreme Court of the United States is the highest court in the United States. It has ultimate (and largely discretionary) appellate jurisdiction over all federal ...
How did the Supreme court alter their opinion about “separate, but equal”. What was the result of Brown versus
How did the Supreme court alter their opinion about “separate, but equal”. What was the result of Brown versus the Board of education?
Answer: The Supreme Court cannot alter their opinion on a case, i.e. they cannot go back and "change their mind" on a previous case. For instance, they could not go back to Plessy vs. Ferguson, and reverse the "separate but equal" ruling on their own. The only way for them to overturn a previous case is to be presented with a new case, in which they can make a new ruling on which may negate a previous ruling. As far as Brown vs. Board of Education, here is a link that can give you more answers.
http://www.watson.org/~lisa/blackhistory/early-civilrights/brown.html
Category: History
Affirmative Action Case Is Sent Back to Lower Court
WASHINGTON — The Supreme Court on Monday ordered lower courts to take a fresh look , under a more demanding standard, at the race-conscious admissions policy used to admit students to the University of Texas. The 7-to-1 decision was simultaneously modest and significant, and its recalibration of how courts review the constitutionality of - By ADAM LIPTAK
Anticipation Turns to Acceptance as California Awaits Marriage Ruling
LOS ANGELES — Less than five years after California voters approved a constitutional amendment banning same-sex marriage , the fate of that referendum — and the ability of thousands of gay men and lesbians to marry — is expected to be decided by the United States Supreme Court this week. But even as the decision is awaited, there is not much - By JENNIFER MEDINA
States Reined In by 1965 Voting Act Await a Decision
BEAUMONT, Tex. — There is little agreement on anything, even when it all started, but sometime in the last decade the Beaumont Independent School District became a battle zone. Tempers have flared at school board meetings and lawsuits have been filed, as a mostly white group of critics have charged the black-majority school board with enabling - By CAMPBELL ROBERTSON
How has the Supreme Court balanced the individual’s need for liberty and stability?
How has the Supreme Court balanced the individual’s need for liberty with society’s need for order and stability?
Answer: The bills of rights balances the need for liberty with society's need for order.
example:1 Bill of Rights and the States - Civil Liberties
2 First Amendment freedoms; Chapter 15 vocab quiz
3 Due Process; Privacy Rights; Supreme Court and Civil Liberties; 14th amendment and incorporation
Category: Government
Live Blog: Monday at the Supreme Court - Washington Wire - WSJ
Gay marriage, affirmative action and voting rights cases are in the spotlight as the Supreme Court enters what is likely the final week of the session.
Supreme Court News - Bloomberg
Breaking news about Supreme Court. Find the latest articles, videos, photos and blogs about Supreme Court.