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(Talking Points Memo)   Five huge cases facing the Supreme Court this June   (talkingpointsmemo.com) divider line 226
    More: PSA, Supreme Court, Religious Freedom Restoration Act, Aereo, strict scrutiny, campaign finance, Massachusetts law, Justice Antonin Scalia  
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4544 clicks; posted to Politics » on 12 Jun 2014 at 9:35 AM (19 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-06-12 08:22:41 AM  
That includes Justice Anthony Kennedy, who is seen as a likely swing vote.

I'm kind of getting tired of Justice Kennedy's reputation as a swing voter.  Seems to me (without doing the research) that he has voted with the conservative block of the Court in every major decision over the last several years.
 
2014-06-12 08:25:06 AM  

Three Crooked Squirrels: That includes Justice Anthony Kennedy, who is seen as a likely swing vote.

I'm kind of getting tired of Justice Kennedy's reputation as a swing voter.  Seems to me (without doing the research) that he has voted with the conservative block of the Court in every major decision over the last several years.


You should maybe do a little research.
 
2014-06-12 08:53:11 AM  

ginandbacon: You should maybe do a little research.


Other than DOMA, I honestly can't remember a decision he didn't vote with the conservatives over the past 5 years or so.  It's just an impression, though.
 
2014-06-12 09:30:41 AM  
But Justice Antonin Scalia expressed sympathy with letting cops search someone's iPhone in certain situations, like when they have reason to believe doing so may stop a bomb from detonating.

Someone's been watching too many Bruce Willis movies.
 
2014-06-12 09:42:35 AM  
This is the main reason the GOP will be extremely upset when HRC wins the presidential nomination in 2016. Can the right-leaning justices last until 2024 and possibly longer?
 
2014-06-12 09:43:29 AM  
Searching a phone if there is sufficient probable cause to believe it contains evidence of a crime is one thing.  Searching it just because it's on someone when they're arrested or detained is quite another.
 
2014-06-12 09:47:31 AM  
The Court will rule on the validity of a Massachusetts law that limits speech within 35 feet of an abortion clinic except for those passing by and employees of the clinic. The aim of the law, challenged is to ward off harassment of visitors to the clinic by anti-abortion protesters. It is challenged by Eleanor McCullen, a woman who argues that it violates her First Amendment right to free speech. be a total coont.

Fixed that typo for them. See what happens when you fire all of the proofreaders and editors, people?
 
2014-06-12 09:47:49 AM  
Conservative justices voiced considerable skepticism of the validity of the state's law as it relates to peaceful or quiet talk

There is absolutely nothing peaceful or quiet about an abortion clinic picket line.
 
2014-06-12 09:48:13 AM  

State_College_Arsonist: Searching a phone if there is sufficient probable cause to believe it contains evidence of a crime is one thing.  Searching it just because it's on someone when they're arrested or detained is quite another.


They still have to figure out my pass code anyways.
 
2014-06-12 09:48:37 AM  
It occurs to me that, by default, EVERY case that faces the Supreme Court is huge. Whether or not it will directly affect someone would likely account for individual perceptions of the hugeness of the case, of course.
 
2014-06-12 09:50:28 AM  
WWABW

//What Would a Billionaire Want
 
2014-06-12 09:50:52 AM  

Pfern: This is the main reason the GOP will be extremely upset when HRC wins the presidential nomination in 2016. Can the right-leaning justices last until 2024 and possibly longer?


They betting that new technology comes along to let them live forever.

img2.wikia.nocookie.net
 
2014-06-12 09:50:59 AM  
"The Court will rule on the validity of a Massachusetts law that limits speech within 35 feet of an abortion clinic except for those passing by and employees of the clinic. The aim of the law, challenged is to ward off harassment of visitors to the clinic by anti-abortion protesters. It is challenged by Eleanor McCullen, a woman who argues that it violates her First Amendment right to free speech."

fark you you piece of shiat. Take your religious farking bullying bullshiat the fark away from woman who are already making a tough farking decision. You motherfarkers are one of the lowest forms of life you farking asshole motherfarking farks. Go fark yourself with a farking rusty motherfarking spoon.
 
2014-06-12 09:51:15 AM  
A huge case isn't a huge case when the outcome is already expected. If it's concerning big government and big business, it's already been decided. Just shut up and go back to work.
 
2014-06-12 09:53:39 AM  

Eddie Adams from Torrance: But Justice Antonin Scalia expressed sympathy with letting cops search someone's iPhone in certain situations, like when they have reason to believe doing so may stop a bomb from detonating.

Someone's been watching too many Bruce Willis movies.


Does Bruce Willis mention Exigent Circumstances in his movies?
 
2014-06-12 09:55:55 AM  
re: recess appointments

If Congress does not want to do its job and approve presidential appointments, then I think there should be a maximum length of time before said appointment becomes automatic. This bullshiat of not approving people because they don't like the president is total crap. The nation voted for Obama a second time. Get over it.
 
2014-06-12 09:56:15 AM  

JPINFV: State_College_Arsonist: Searching a phone if there is sufficient probable cause to believe it contains evidence of a crime is one thing.  Searching it just because it's on someone when they're arrested or detained is quite another.

They still have to figure out my pass code anyways.


If it turns out that they're free to search the phone when you're arrested, they may charge with obstruction if you don't provide the password.
 
2014-06-12 09:56:18 AM  

Three Crooked Squirrels: That includes Justice Anthony Kennedy, who is seen as a likely swing vote.

I'm kind of getting tired of Justice Kennedy's reputation as a swing voter.  Seems to me (without doing the research) that he has voted with the conservative block of the Court in every major decision over the last several years.


You've never met Mrs Kennedy.
 
2014-06-12 09:57:48 AM  

thamike: Conservative justices voiced considerable skepticism of the validity of the state's law as it relates to peaceful or quiet talk

There is absolutely nothing peaceful or quiet about an abortion clinic picket line.


They often pale in comparison to union picket lines.

JPINFV: They still have to figure out my pass code anyways.


Police have access to automated devices that bypass pass codes.
 
2014-06-12 09:58:48 AM  

Lord_Baull: re: recess appointments

If Congress does not want to do its job and approve presidential appointments, then I think there should be a maximum length of time before said appointment becomes automatic. This bullshiat of not approving people because they don't like the president is total crap. The nation voted for Obama a second time. Get over it.


The white house should point out in its defense that the constitution sets out the things that are supposed to require 60 votes in the senate, and that appointments to bureaucracy are not among those things.
 
2014-06-12 09:58:55 AM  
Hobby Lobby case - I disagree, but I know which way court will go.
Recess Appointee: I don't care much. When congress becomes a total douche, there isn't any option really.
Abortion clinic: We restrict free speech in many places. I'll be really surprised if court somehow finds way to disagree with the defendant.
Cell phone: how is that even possible without violating the 4th? I don't know, but my guess is, they will.
Aereo: no way.
 
2014-06-12 09:59:15 AM  
But Justice Antonin Scalia, an , expressed sympathy with letting cops search someone's iPhone in certain situations, like when they have reason to believe doing so may stop a bomb from detonating.

Fun Fact: anyone double parking, crossing the double yellow line, speeding or being black just might be a bomber and should have their phone confiscated and checked and rechecked.
 
2014-06-12 09:59:21 AM  
i think pro-choice activists should picket Eleanor McCullen's work and home with signs calling her a total coont, as is their First Amendment right.
 
2014-06-12 09:59:54 AM  

State_College_Arsonist: Searching a phone if there is sufficient probable cause to believe it contains evidence of a crime is one thing.  Searching it just because it's on someone when they're arrested or detained is quite another.


define sufficient.  I think the case in hand was a known gang member and a simple traffic stop that led to a firearms charge.  That might be sufficient with a long chain of whatifs and maybe to explain the actions to jailbreak the phone.  The person is highly likely to have evidence of a crime and may had information on where they got the gun.
 
2014-06-12 10:00:37 AM  
An abortion protestor's right to free speech does not mean they can block access to a clinic and prevent a woman from exercising their right to an abortion.  Which is the point of having them stand on the other side of the street.

And if you've ever been to a clinic, you know damn well that the protestors "speech" carries over much more than thirty-five feet.
 
2014-06-12 10:02:40 AM  

Saiga410: State_College_Arsonist: Searching a phone if there is sufficient probable cause to believe it contains evidence of a crime is one thing.  Searching it just because it's on someone when they're arrested or detained is quite another.

define sufficient.  I think the case in hand was a known gang member and a simple traffic stop that led to a firearms charge.  That might be sufficient with a long chain of whatifs and maybe to explain the actions to jailbreak the phone.  The person is highly likely to have evidence of a crime and may had information on where they got the gun.


Sufficient: having enough probable cause that a judge signs a warrant.
 
2014-06-12 10:03:35 AM  

Lord_Baull: i think pro-choice activists should picket Eleanor McCullen's work and home with signs calling her a total coont, as is their First Amendment right.


The problem is that the people who would do that have jobs and lives, whereas that is her job and her life.
 
2014-06-12 10:04:44 AM  

Saiga410: State_College_Arsonist: Searching a phone if there is sufficient probable cause to believe it contains evidence of a crime is one thing.  Searching it just because it's on someone when they're arrested or detained is quite another.

define sufficient.  I think the case in hand was a known gang member and a simple traffic stop that led to a firearms charge.  That might be sufficient with a long chain of whatifs and maybe to explain the actions to jailbreak the phone.  The person is highly likely to have evidence of a crime and may had information on where they got the gun.


And if the police can prove they've got evidence of a crime and the information is on the phone, they can get a warrant to search the phone. They don't get to search whatever they want, whenever they want because someone "may have information" or is "highly likely to have evidence".
 
2014-06-12 10:04:58 AM  

RowdyRough: Lord_Baull: re: recess appointments

If Congress does not want to do its job and approve presidential appointments, then I think there should be a maximum length of time before said appointment becomes automatic. This bullshiat of not approving people because they don't like the president is total crap. The nation voted for Obama a second time. Get over it.

The white house should point out in its defense that the constitution sets out the things that are supposed to require 60 votes in the senate, and that appointments to bureaucracy are not among those things.


I do not think that was argued.  These have gone through oral, this is just waiting on judgements.
 
2014-06-12 10:05:36 AM  
The Court will rule on the validity of a Massachusetts law that limits speech within 35 feet of an abortion clinic except for those passing by and employees of the clinic. The aim of the law, challenged is to ward off harassment of visitors to the clinic by anti-abortion protesters. It is challenged by Eleanor McCullen, a woman who argues that it violates her First Amendment right to free speech.

Outlook: grim for Massachusetts. Conservative justices voiced considerable skepticism of the validity of the state's law as it relates to peaceful or quiet talk. That includes Justice Anthony Kennedy, who is seen as a likely swing vote.


Concerning abortion clinic protesters, there is no such thing a peaceful or quiet talk.
 
2014-06-12 10:05:41 AM  

Karac: An abortion protestor's right to free speech does not mean they can block access to a clinic and prevent a woman from exercising their right to an abortion.  Which is the point of having them stand on the other side of the street.

And if you've ever been to a clinic, you know damn well that the protestors "speech" carries over much more than thirty-five feet.


...neither of which matters, constitutionally.

My guess as to the outcome: They don't have the right to block the entrance, but they do have the right to stand right next to the entrance and shout obscenities at everybody coming and going.
 
2014-06-12 10:08:55 AM  

Saiga410: RowdyRough: Lord_Baull: re: recess appointments

If Congress does not want to do its job and approve presidential appointments, then I think there should be a maximum length of time before said appointment becomes automatic. This bullshiat of not approving people because they don't like the president is total crap. The nation voted for Obama a second time. Get over it.

The white house should point out in its defense that the constitution sets out the things that are supposed to require 60 votes in the senate, and that appointments to bureaucracy are not among those things.

I do not think that was argued.  These have gone through oral, this is just waiting on judgements.


Bummer, I guess I missed that these have already been argued.
 
2014-06-12 10:11:47 AM  

Geotpf: ..neither of which matters, constitutionally.


The first one does. You don't have a Constitutional right to prevent others from exercising their rights.
 
2014-06-12 10:13:07 AM  

Saiga410: These have gone through oral, this is just waiting on judgements spankings.


pet peeve
 
2014-06-12 10:13:55 AM  

Mikey1969: The Court will rule on the validity of a Massachusetts law that limits speech within 35 feet of an abortion clinic except for those passing by and employees of the clinic. The aim of the law, challenged is to ward off harassment of visitors to the clinic by anti-abortion protesters. It is challenged by Eleanor McCullen, a woman who argues that it violates her First Amendment right to free speech. be a total coont.

Fixed that typo for them. See what happens when you fire all of the proofreaders and editors, people?


I'm interested to see if the outcome of this case could be used for/against so-called 'Free Speech Zones'.  If buffers around abortion clinics are ruled a violation of the first amendment, wouldn't the same also apply to those stupid zones?
 
2014-06-12 10:14:13 AM  

Three Crooked Squirrels: ginandbacon: You should maybe do a little research.

Other than DOMA, I honestly can't remember a decision he didn't vote with the conservatives over the past 5 years or so.  It's just an impression, though.


Unlike the conservatives, he considers international law in his rulings, which causes him to side with the liberals on anything involving prisons, habeas corpus and capital punishment.

And on some social issues he will break with the liberals.
 
2014-06-12 10:15:19 AM  

Lord_Baull: re: recess appointments

If Congress does not want to do its job and approve presidential appointments, then I think there should be a maximum length of time before said appointment becomes automatic. This bullshiat of not approving people because they don't like the president is total crap. The nation voted for Obama a second time. Get over it.


The appointments were blocked and unfilled from when the democrats blocked Bush from appointing certain judges.

Most of the empty judicial seats are carryovers from the Bush administration.
 
2014-06-12 10:15:25 AM  
I am so glad I don't live in the US.
 
2014-06-12 10:15:36 AM  
Contraception Mandate: 5-4 majority on whatever grounds Kennedy decides gives Hobby Lobby the power to not cover contraception, probably that they're an S corp.
Recess Appointments: 5-4 majority that the Senate decides when it is in recess and (possibly) that intrasession recesses do count as recesses for the clause.
Aereo: I have no clue because the case hinges on how well SCOTUS understands technology, and I don't have faith that they understand it very well.
Cell Phone Searches: Scalia-authored majority that these searches are unconstitutional without a warrant.
Abortion Clinic Buffers: 5-4 (possibly 6-3 or 7-2) that the buffers are unconstitutional. Potentially will get overturned in the future after an abortion clinic protestor assaults/murders a woman going in for an abortion.
 
2014-06-12 10:17:32 AM  

Ivandrago: Lord_Baull: i think pro-choice activists should picket Eleanor McCullen's work and home with signs calling her a total coont, as is their First Amendment right.

The problem is that the people who would do that have jobs and lives, whereas that is her job and her life.



Well, f*ck.
 
2014-06-12 10:17:48 AM  

Karac: The Court will rule on the validity of a Massachusetts law that limits speech within 35 feet of an abortion clinic except for those passing by and employees of the clinic. The aim of the law, challenged is to ward off harassment of visitors to the clinic by anti-abortion protesters. It is challenged by Eleanor McCullen, a woman who argues that it violates her First Amendment right to free speech.

Outlook: grim for Massachusetts. Conservative justices voiced considerable skepticism of the validity of the state's law as it relates to peaceful or quiet talk. That includes Justice Anthony Kennedy, who is seen as a likely swing vote.

Concerning abortion clinic protesters, there is no such thing a peaceful or quiet talk.


There's an abortion clinic near my house; the protestors try to get as close and in the face of the women as legally allowed.
 
2014-06-12 10:17:50 AM  

sprawl15: Saiga410: These have gone through oral, this is just waiting on judgements spankings.

pet peeve


I thought the spankings came first for the crime of displaying a grail shaped beacon.
 
2014-06-12 10:21:42 AM  

Lord_Baull: re: recess appointments

If Congress does not want to do its job and approve presidential appointments, then I think there should be a maximum length of time before said appointment becomes automatic. This bullshiat of not approving people because they don't like the president is total crap. The nation voted for Obama a second time. Get over it.


You should make an effort to read and understand the Constitution and how it pertains to the separation of powers.

Get over it.
 
2014-06-12 10:22:26 AM  

JPINFV: State_College_Arsonist: Searching a phone if there is sufficient probable cause to believe it contains evidence of a crime is one thing.  Searching it just because it's on someone when they're arrested or detained is quite another.

They still have to figure out my pass code anyways.


imgs.xkcd.com
 
2014-06-12 10:23:41 AM  

thamike: Conservative justices voiced considerable skepticism of the validity of the state's law as it relates to peaceful or quiet talk

There is absolutely nothing peaceful or quiet about an abortion clinic picket line.


Plus, if they are going to let cops search phones because there is a tiny probability that someone may detonate a bomb, there is an even higher probability that physical violence with be done to the clinic, its workers, or its patients. Kind of a double standard, I think.
 
2014-06-12 10:24:21 AM  

Saiga410: sprawl15: Saiga410: These have gone through oral, this is just waiting on judgements spankings.

pet peeve

I thought the spankings came first for the crime of displaying a grail shaped beacon.


that appointment's still an open item
 
2014-06-12 10:24:39 AM  

Gary-L: Lord_Baull: re: recess appointments

If Congress does not want to do its job and approve presidential appointments, then I think there should be a maximum length of time before said appointment becomes automatic. This bullshiat of not approving people because they don't like the president is total crap. The nation voted for Obama a second time. Get over it.

You should make an effort to read and understand the Constitution and how it pertains to the separation of powers.

Get over it.



Teabaggers should make an effort to read and understand the Constitution and how it pertains to the separation of powers.
 
2014-06-12 10:24:41 AM  
Over the last 5-10 years, I've lost all faith in, and respect for, the Supreme Court.  They've stopped being honest arbiters of what the Constitution says, and have become partisan hacks.

Scalia is the worst.  I don't wish death on people as a matter of course, so I'll just wish a debilitating but totally curable disease on him so he's forced to retire.
 
2014-06-12 10:26:42 AM  

DeaH: Plus, if they are going to let cops search phones because there is a tiny probability that someone may detonate a bomb, there is an even higher probability that physical violence with be done to the clinic, its workers, or its patients. Kind of a double standard, I think.


You act as if the Court's opinion will be based on the law, or logic, or reason.
 
2014-06-12 10:29:07 AM  

Serious Black: Aereo: I have no clue because the case hinges on how well SCOTUS understands technology, and I don't have faith that they understand it very well.


I disagree -- I think they completely understand the issue. It's pretty straightforward copyright law, which is why the lower courts have ruled in Aereo's favor.

The issue for SCOTUS is if they want to own the fallout of upholding the lower court's ruling, which would be the networks and especially sports leagues removing all of their content from broadcast TV and only making it available through cable.
 
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