User Tag List

+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 10 of 19

Thread: Supreme Court Petitions to Watch

  1. #1
    Points: 47,456, Level: 53
    Level completed: 23%, Points required for next Level: 1,394
    Overall activity: 0.1%
    Achievements:
    SocialRecommendation First Class50000 Experience PointsVeteran
    jillian's Avatar Senior Member
    Karma
    53535
    Join Date
    Apr 2013
    Posts
    12,432
    Points
    47,456
    Level
    53
    Thanks Given
    2,229
    Thanked 2,058x in 1,737 Posts
    Mentioned
    421 Post(s)
    Tagged
    0 Thread(s)

    Supreme Court Petitions to Watch

    The Supreme Court will decide whether it will grant certiorari to these two cases next week:
    The first, National Labor Relations Board v Canning asks:

    Issue: (1) Whether the President’s recess-appointment power may be exercised during a recess that occurs within a session of the Senate, or is instead limited to recesses that occur between enumerated sessions of the Senate, and (2) whether the President’s recess-appointment power may be exercised to fill vacancies that exist during a recess, or is instead limited to vacancies that first arose during that recess.
    http://www.scotusblog.com/case-files...-noel-canning/

    Another:
    Pruitt v Nova Health Systems asks:

    Issue1) Whether the Oklahoma Supreme Court erred in declaring the Oklahoma Ultrasound Act, which requires the performance, display, and explanation of a pre-abortion ultrasound, to be facially unconstitutional under Planned Parenthood of Southeastern Pennsylvania v. Casey in light of this Court’s ruling that informational requirements further "the State’s legitimate interest of reducing the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that her decision was not fully informed;" (2) whether the Oklahoma Supreme Court erred in interpreting Casey as prohibiting informed consent laws requiring the performance, display and explanation of pre-abortion ultrasounds – an interpretation that directly conflicts with that of the Fifth Circuit in Texas Medical Providers Providing Abortion Services v. Lakey and the interpretation of Casey in the Eighth Circuit’s recent decisions reviewing other informed consent requirements; and (3) whether Casey requires state courts to presume all state regulations of abortion are unconstitutional under federal law, absent controlling authority from this Court.

    http://www.scotusblog.com/case-files/cases/pruitt-v-nova-health-systems/


    Interestingly, Mitch McConnell has filed an amicus brief in the NLRB matter. It has always been my understanding that anyone who is an interested party (in the outcome of a particular litigation -- not the issue itself) can't file an amicus, so I was wondering about that.

    This is a great brief that lays out all of the issues before the Court in Canning.

    http://sblog.s3.amazonaws.com/wp-con...icus-Brief.pdf


    with regard to Pruitt,

    there is no question in my mind that requirement of an invasive vaginal ultrasound, which is medically unnecessary and is a nonconsensual penetration (e.g., rape) is facially unconstitutional. let's see if the "small government conservatives" on the Court agree.

    This brief opposing cert pretty much says it all.

    http://sblog.s3.amazonaws.com/wp-con...espondents.pdf
    Last edited by jillian; 06-14-2013 at 01:55 PM.

  2. The Following 3 Users Say Thank You to jillian For This Useful Post:

    Bo-4 (06-27-2016),Peter1469 (06-14-2013),waltky (04-18-2016)

  3. #2
    Points: 39,654, Level: 48
    Level completed: 69%, Points required for next Level: 496
    Overall activity: 0.1%
    Achievements:
    VeteranTagger First Class25000 Experience PointsSocial
    waltky's Avatar Senior Member
    Karma
    5662
    Join Date
    Oct 2012
    Posts
    8,859
    Points
    39,654
    Level
    48
    Thanks Given
    2,515
    Thanked 2,140x in 1,616 Posts
    Mentioned
    46 Post(s)
    Tagged
    0 Thread(s)

    Question

    Supreme Court to take up Obama immigration policy...

    Supreme Court takes up Obama immigration policy
    April 17, 2016 -- An evenly split Supreme Court will hear oral arguments Monday challenging the Obama administration's program that allows undocumented immigrants to live and work in the United States without fear of deportation.
    Lawyers for the Republican leadership in Congress and the states will challenge President Barack Obama's actions on the immigration matter, just as they have over healthcare and same-sex marriage. The president's legal team will have to win over at least one of the high court's more conservative justices, the Los AngelesTimes reported. If the vote splits - possible with the recent death of Justice Antonin Scalia - it would keep in place a Texas judge's order to block Obama's deportation relief plan from taking effect.

    The president, in November 2014, unveiled the centerpiece for his second term: executive actions to allow millions of undocumented immigrants to come out of the legal shadows in this country, WGNO ABC reported. The Texas court put the brakes on the plan, sending it to the Supreme Court. The eight justices will hear from 26 states and the House of Representatives that are challenging the president's action. At issue is whether the president has the power to extend such "temporary relief" from deportation and offer work permits to immigrant parents of U.S. citizens or lawful residents. Immigration experts say about a quarter of those who stand to benefit live in California.

    In a written brief, Republicans said Obama's order is a threat to the constitutional system because if he can defy Congress and change the law himself, the nation has abandoned its "bedrock of constitutional principal." States call the executive actions "an extraordinary assertion of executive power." Texas Solicitor General Scott Keller, acting as lead lawyer in the case, argues in court papers the administration "has unilaterally crafted an enormous program—one of the largest changes ever to our Nation's approach to immigration" and in doing so, the president dispensed with immigration statutes by declaring unlawful conduct to be lawful."

    http://www.upi.com/Top_News/US/2016/...or=2&sn=tn_int
    See also:

    Supreme Court Considers Fate of Millions of Undocumented Immigrants
    April 17, 2016 | WASHINGTON — The nation’s highest court will consider the fate of as many as 4 million undocumented immigrants Monday, when Supreme Court justices hear opening arguments in a landmark case debating the legality of President Barack Obama’s executive actions on immigration.
    The justices’ decision will have far-reaching implications on executive actions by future presidential administrations and comes at a time when the nation’s flawed immigration system is a constant focus of election-year debate. The lawsuit in U.S. v. Texas asks the court to consider whether the president’s 2014 executive actions deferring deportations for some undocumented immigrants are within the government’s authority to direct immigration policy, or whether the president exceeded his constitutional authority by making new immigration laws.

    Pending lawsuits

    A decision in the Texas lawsuit will affect pending lawsuits in 25 other states opposing the president’s immigration actions. Government lawyers are expected to argue that the federal government has the authority to direct immigration policy and can exercise its discretion in deciding priorities for the deportation of undocumented immigrants. “It is exclusively the domain of the federal government to decide who gets to stay and who gets to go,” said Angela Kelley, the executive vice president at the Center for American Progress Action Fund.

    President Obama’s November 2014 executive actions expanded and created programs deferring deportation for the undocumented parents of legal U.S. citizens and residents, and for undocumented immigrants who arrived in the country as children. The programs open up the opportunity for legal work permits but do not give applicants a path to permanent residency or citizenship.

    Kelley said Obama’s executive actions build on decisions from past Democratic and Republican administrations to prioritize the deportation of undocumented immigrants with criminal histories rather than deporting undocumented children and immigrants with ties to the U.S. Opponents say the Obama administration has not made a convincing constitutional argument for its actions.

    'Without historical precedent'
    Last edited by waltky; 04-18-2016 at 01:33 AM.

  4. #3
    Points: 39,654, Level: 48
    Level completed: 69%, Points required for next Level: 496
    Overall activity: 0.1%
    Achievements:
    VeteranTagger First Class25000 Experience PointsSocial
    waltky's Avatar Senior Member
    Karma
    5662
    Join Date
    Oct 2012
    Posts
    8,859
    Points
    39,654
    Level
    48
    Thanks Given
    2,515
    Thanked 2,140x in 1,616 Posts
    Mentioned
    46 Post(s)
    Tagged
    0 Thread(s)

    Cool

    SCOTUS allows remote search...

    Court expands FBI hacking powers
    Fri, 29 Apr 2016 - The US Supreme Court approves a rule change that could allow law enforcement to remotely search computers located anywhere in the US, and beyond.
    Previously, magistrate judges could order searches only within the jurisdiction of their court, often limited to a few counties. The US Department of Justice (DoJ) said the change was necessary to modernise the law for the digital age. But digital rights groups say the move expands the FBI's hacking authority. The DoJ wants judges to be able to issue remote search warrants for computers located anywhere that the United States claims jurisdiction, which could include other countries. A remote search typically involves trying to access a suspect's computer over the internet to explore the data contained on it. It has pushed for a change in the rules since 2013, arguing that criminals can mask their location and identity online making it difficult to determine which jurisdiction a computer is located in.

    'Only mechanism available'

    "Criminals now have ready access to sophisticated anonymising technologies to conceal their identity while they engage in crime over the internet," said DoJ spokesman Peter Carr. "The use of remote searches is often the only mechanism available to law enforcement to identify and apprehend them. "The amendment makes explicit that it does not change the traditional rules governing probable cause and notice." It said the change would not give law enforcement any new authority not already permitted by law. However, groups such as the American Civil Liberties Union (ACLU) have warned that the change could expand the FBI's ability to conduct mass hacks on computer networks.

    'Thousands of millions of computers'

    "Such a monumental change in the law should not be snuck by Congress under the guise of a procedural rule," said Neema Singh Guliani of the ACLU. In 2015, search giant Google also opposed the change, which, it said, "threatens to undermine the privacy rights and computer security of internet users". Oregon Senator Ron Wyden said the change had "significant consequences for Americans' privacy", and said he would seek to reverse the decision.


    Snooping on a tablet computer

    "Under the proposed rules, the government would now be able to obtain a single warrant to access and search thousands or millions of computers at once; and the vast majority of the affected computers would belong to the victims, not the perpetrators, of a cybercrime," he said in a statement. Congress can still opt to reject or modify the changes to the federal rules of criminal procedure - but if it does not act by 1 December the change will take effect.

    http://www.bbc.co.uk/news/technology-36169019

  5. #4
    Original Ranter
    Points: 863,827, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 99.9%
    Achievements:
    SocialCreated Album picturesOverdrive50000 Experience PointsVeteran
    Awards:
    Posting Award
    Peter1469's Avatar Advisor
    Karma
    497542
    Join Date
    Jun 2011
    Location
    NOVA
    Posts
    242,878
    Points
    863,827
    Level
    100
    Thanks Given
    153,702
    Thanked 148,552x in 94,974 Posts
    Mentioned
    2554 Post(s)
    Tagged
    0 Thread(s)
    I was a military magistrate for a time. I had world-wide jurisdiction.
    ΜOΛΩΝ ΛΑΒΕ


  6. #5
    Points: 39,654, Level: 48
    Level completed: 69%, Points required for next Level: 496
    Overall activity: 0.1%
    Achievements:
    VeteranTagger First Class25000 Experience PointsSocial
    waltky's Avatar Senior Member
    Karma
    5662
    Join Date
    Oct 2012
    Posts
    8,859
    Points
    39,654
    Level
    48
    Thanks Given
    2,515
    Thanked 2,140x in 1,616 Posts
    Mentioned
    46 Post(s)
    Tagged
    0 Thread(s)

    Seattle business lose challenge to minimum wage law...

    Supreme Court rejects challenge to Seattle minimum wage law
    Mon May 2, 2016 - The U.S. Supreme Court on Monday rejected a challenge by business groups to Seattle's law raising its minimum wage to $15 an hour, a move echoed by other locales, in a case focusing on how the ordinance affected local franchises like McDonald's.
    The Seattle law's supporters hailed the court's action, which left intact a lower court ruling backing the measure, as a defeat for "the big business lobby" that has taken aim at minimum wage hikes. The International Franchise Association and the businesses that challenged the measure did not target the actual wage hike. Instead, they argued that it was unfair for Seattle to exclude local franchises of big companies like McDonald's (MCD.N) and Burger King (QSR.TO) from the small companies that the law gives three extra years to pay employees at least $15 per hour.

    Seattle was the first major U.S. city to commit to such a high basic wage amid pressure from unions and workers' rights groups. The move has since been followed to varying degrees by cities such as San Francisco and Los Angeles as well as by state lawmakers in California and New York. Seattle's law, which took effect in April 2015, requires businesses with more than 500 employees nationwide to raise their minimum wage to $15 by 2018. Smaller companies have until 2021 to do so. The high court's move means that cities and states that pass similar wage laws must treat franchises as offshoots of brand parents rather than independent small businesses.

    The franchise association said its 2014 lawsuit sought "to level the playing field" for the 600 franchise businesses that employ 19,000 people in Seattle, and it was disappointed with the court's action. "Seattle's ordinance is blatantly discriminatory and affirmatively harms hard-working franchise small business owners every day since it has gone into effect," said the group's president, Robert Cresanti. A federal judge in Seattle in March 2015 sided with the city, and the San Francisco-based 9th U.S. Circuit Court of Appeals last year agreed.

    Working Washington, a coalition of labor and nonprofit groups that spearheaded the campaign to pass Seattle's wage law, called the Supreme Court's move not to hear the case a victory for workers. "The big business lobby has thrown everything they got at Seattle workers," the group said, "but they keep on losing, and the economy continues to boom."

    Seattle officials and the Service Employees International Union, which backed the city in the case, said franchises are not typical small businesses because franchising offers inherent advantages such as access to loans, brand recognition and bulk purchasing. But the franchise association countered that those perks come at a cost, namely royalties, fees and rent.

    http://www.reuters.com/article/us-us...-idUSKCN0XT18Z

  7. #6
    Points: 265,792, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 67.0%
    Achievements:
    50000 Experience PointsSocialVeteranTagger First ClassOverdrive
    MisterVeritis's Avatar Senior Member
    Karma
    308019
    Join Date
    Oct 2014
    Location
    Northern Alabama
    Posts
    104,866
    Points
    265,792
    Level
    100
    Thanks Given
    94,907
    Thanked 39,393x in 27,951 Posts
    Mentioned
    389 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by waltky View Post
    SCOTUS allows remote search...

    Court expands FBI hacking powers
    Fri, 29 Apr 2016 - The US Supreme Court approves a rule change that could allow law enforcement to remotely search computers located anywhere in the US, and beyond.
    All data at rest must be encrypted with at least AES 512. Make your passwords into passphrases that are very long. For example: C0ngress sh@11 m@ke no law abridging the fr33dom of spe@ch!

  8. #7
    Points: 265,792, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 67.0%
    Achievements:
    50000 Experience PointsSocialVeteranTagger First ClassOverdrive
    MisterVeritis's Avatar Senior Member
    Karma
    308019
    Join Date
    Oct 2014
    Location
    Northern Alabama
    Posts
    104,866
    Points
    265,792
    Level
    100
    Thanks Given
    94,907
    Thanked 39,393x in 27,951 Posts
    Mentioned
    389 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by waltky View Post
    Seattle business lose challenge to minimum wage law...

    Supreme Court rejects challenge to Seattle minimum wage law
    Mon May 2, 2016 - The U.S. Supreme Court on Monday rejected a challenge by business groups to Seattle's law raising its minimum wage to $15 an hour, a move echoed by other locales, in a case focusing on how the ordinance affected local franchises like McDonald's.
    Only fascist governments set wages for private businesses.

  9. #8
    Points: 445,632, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 0%
    Achievements:
    SocialVeteran50000 Experience PointsOverdrive
    Common's Avatar Senior Member
    Karma
    339120
    Join Date
    Feb 2013
    Posts
    66,766
    Points
    445,632
    Level
    100
    Thanks Given
    8,788
    Thanked 18,323x in 10,925 Posts
    Mentioned
    396 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by jillian View Post
    The Supreme Court will decide whether it will grant certiorari to these two cases next week:
    The first, National Labor Relations Board v Canning asks:


    http://www.scotusblog.com/case-files...-noel-canning/

    Another:
    Pruitt v Nova Health Systems asks:



    http://www.scotusblog.com/case-files/cases/pruitt-v-nova-health-systems/


    Interestingly, Mitch McConnell has filed an amicus brief in the NLRB matter. It has always been my understanding that anyone who is an interested party (in the outcome of a particular litigation -- not the issue itself) can't file an amicus, so I was wondering about that.

    This is a great brief that lays out all of the issues before the Court in Canning.

    http://sblog.s3.amazonaws.com/wp-con...icus-Brief.pdf


    with regard to Pruitt,

    there is no question in my mind that requirement of an invasive vaginal ultrasound, which is medically unnecessary and is a nonconsensual penetration (e.g., rape) is facially unconstitutional. let's see if the "small government conservatives" on the Court agree.

    This brief opposing cert pretty much says it all.

    http://sblog.s3.amazonaws.com/wp-con...espondents.pdf



    JILLIAN!!!!!!!!!, how have you been nice to see you lady. Wheres ravi
    LETS GO BRANDON
    F Joe Biden

  10. #9
    Points: 39,654, Level: 48
    Level completed: 69%, Points required for next Level: 496
    Overall activity: 0.1%
    Achievements:
    VeteranTagger First Class25000 Experience PointsSocial
    waltky's Avatar Senior Member
    Karma
    5662
    Join Date
    Oct 2012
    Posts
    8,859
    Points
    39,654
    Level
    48
    Thanks Given
    2,515
    Thanked 2,140x in 1,616 Posts
    Mentioned
    46 Post(s)
    Tagged
    0 Thread(s)
    The first, National Labor Relations Board v Canning asks:

    Is this gonna be a The Good Wife episode...

    ... where Alicia goes up against Michael J. Fox?

  11. #10
    Points: 124,894, Level: 85
    Level completed: 64%, Points required for next Level: 1,156
    Overall activity: 0%
    Achievements:
    Social50000 Experience PointsVeteran
    Crepitus's Avatar Senior Member
    Karma
    1255215
    Join Date
    Nov 2014
    Location
    Wichita, KS
    Posts
    41,416
    Points
    124,894
    Level
    85
    Thanks Given
    17,385
    Thanked 13,440x in 9,812 Posts
    Mentioned
    510 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Common View Post
    JILLIAN!!!!!!!!!, how have you been nice to see you lady. Wheres ravi
    Waltky has been reviving threads from years ago. The OP is 2013.
    People who think a movie about plastic dolls is trying to turn their kids gay or trans are now officially known as

    Barbie Q’s

+ Reply to Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts