Analysis

  • The Solicitor General’s report card

    … The SCOTUSblog stat pack contains a treasure trove of information about the Court’s Term.  But it doesn’t address the federal government’s record before the Court – and two competing narratives are being advanced to fill that vacuum.  Some say the Court repeatedly and definitively rejected Obama administration overreach.  Others claim…

    5 readers - SCOTUSblog
  • Opinion analysis: A ruling inviting a plea to overrule

    … Analysis In an opinion filled with strongly implied invitations to file a new case to go even further, the Supreme Court, dividing five to four, ruled on Monday that public employees cannot routinely be required to join labor unions or to support them by paying dues.  If state or local government workers who oppose unionism take the hint…

    4 readers - Lyle Denniston/ SCOTUSblog
  • Opinion analysis: Does the new religious exemption go far enough?

    … Analysis Female employees of companies whose owners’ religious beliefs forbid them to provide access to birth control may look forward to that coverage by other means — but, again, maybe not.  The answer depends upon how literally the Supreme Court, in future cases, reads the language it used on Monday to assure those workers…

    7 readers - Lyle Denniston/ SCOTUSblog
  • Opinion analysis: Pragmatism triumphs over formalism

    … Analysis Leaning heavily upon a long history of Congress and presidents finding ways — sometimes clumsy — to make the federal  government work, and perhaps silently wishing for a day when they might do so again, a sharply divided Supreme Court on Thursday embraced a practical constitutional solution to filling temporary vacancies in U.S…

    8 readers - Lyle Denniston/ SCOTUSblog
  • Opinion analysis: A clever new technology thwarted — for now

    … Analysis Insisting that it was not striking a blow against new communications technology, the Supreme Court on Wednesday nevertheless took a sizeable step toward shutting down at least part of a fresh approach to delivering TV programs to paying audiences.  It ruled that the engineers at the new firm of Aereo, Inc. had — so far — not found…

    5 readers - Lyle Denniston/ SCOTUSblog
  • Opinion analysis: Broad cloak of privacy for cellphones

    … Analysis Treating modern cellphones as gaping windows into nearly all aspects of the user’s life and private conduct, the Supreme Court on Wednesday unanimously ordered police to get a search warrant before examining the contents of any such device they take from a person they have arrested.  Seeing an individual with a cellphone…

    8 readers - Lyle Denniston/ SCOTUSblog
  • Opinion analysis: EPA mostly wins, but with criticism

    … Analysis Leaving the federal government with considerable power to impose controls on greenhouse gases that contribute to heating up the planet and causing climate change, on Monday the Supreme Court also delivered a stern lecture to the Environmental Protection Agency for claiming regulatory power that Congress did not give it. The decision…

    7 readers - Lyle Denniston/ SCOTUSblog
  • Opinion analysis: False politicking law open to challenge

    … Analysis If a state makes it a crime to issue false statements during an election campaign, as sixteen states now do, such a law is open to a constitutional challenge by a group once accused of violating it and at significant risk of being accused again, the Supreme Court ruled unanimously on Monday. The decision appeared to break little new…

    8 readers - Lyle Denniston/ SCOTUSblog
  • Opinion analysis: No stand-in gun buyers allowed

    … Analysis An individual cannot walk into a gun dealer’s shop and buy a gun for someone else by claiming to be the actual buyer, a deeply split Supreme Court ruled on Monday.  A form demanding to know who the actual purchaser is, the majority ruled, has to be answered truthfully, or else the transaction is illegal. The practical effect…

    4 readers - Lyle Denniston/ SCOTUSblog
  • No relief for Argentina on debt

    … Unmoved by pleas that ruling against Argentina on how it manages its overseas debt will upset the entire global process of government borrowing, the Supreme Court on Monday firmly rejected any legal relief for that country against creditors to whom it owes billions. In a seven-to-one decision (with one Justice not taking part), the Court ruled…

    7 readers - Lyle Denniston/ SCOTUSblog
  • Opinion analysis: Too close to the President for comfort

    … In an opinion filled with chilling, repeated references to being within shooting or grenade-throwing distance of the President, the Supreme Court ruled unanimously on Tuesday that the Secret Service did not engage in unconstitutional censorship when its agents moved protesters out of range of a President as he dined on an outdoor restaurant patio…

    3 readers - Lyle Denniston/ SCOTUSblog
  • Opinion analysis: More power to stop high-speed chases

    … Expanding the authority of police to use deadly force to stop a high-speed chase on streets and highways, the Supreme Court ruled Tuesday that police may start shooting at the fleeing vehicle and keep on shooting until they are satisfied that the threat to safety is at an end.  The ruling had mostly unanimous support, but two of the nine Justices…

    4 readers - Lyle Denniston/ SCOTUSblog
  • Opinion analysis: A new limit on the death penalty

    …Analysis Twelve years after leaving it to the states to decide when an individual convicted of murder was too intellectually incapacitated to be executed, a divided Supreme Court on Tuesday withdrew some of that discretion. The states, the five-to-four majority ruled, cannot use a fixed IQ score as the measure of incapacity to be put to death…

    3 readers - Lyle Denniston/ SCOTUSblog
  • Schuette: An impact on same-sex marriage?

    … The Supreme Court’s new display of respect for America’s voters and their capacity to decide deeply controversial issues is being turned into a defense of state ballot measures banning same-sex marriage.  In two federal appeals courts, where three such bans are now under review, attorneys defending the bans have sought to take advantage…

    2 readers - Lyle Denniston/ SCOTUSblog
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