Obamacare Going Back Before the Supreme Court

By: Friday November 7, 2014 11:13 am

In an unusual move the Supreme Court decided to take up King v. Burwell even though there is technically no split in the lower courts. At the heart of the case is an effort to stop exchange subsidies from going out to states where the exchanges were set up by the federal government. The argument [...]

Another Reminder of How Stupid Lifetime Judicial Terms Are

By: Wednesday September 24, 2014 11:37 am

Over at Elle magazine Supreme Court Justice Ruth Bader Ginsburg explained why she hasn’t resigned during President Obama’s term: Who do you think President Obama could appoint at this very day, given the boundaries that we have? If I resign any time this year, he could not successfully appoint anyone I would like to see [...]

Obamacare Subsidy Case to Go Before Full D.C. Circuit Court

By: Thursday September 4, 2014 8:13 am

In a big win for the the Obama administration the Court of Appeals for the District of Columbia Circuit granted a rare en banc rehearing in Halbig v. Burwell, meaning the issue will be revisited by the full court. The oral arguments are scheduled for December 17th. Earlier this year in a surprise decision two [...]

How Public Feels About Obamacare Next Year Will Be More Important Than Halbig Decision

By: Wednesday July 23, 2014 11:26 am

I’m fairly confident this partial decision by the D.C. Circuit on Halbig v. Burwell will not stand. It is obviously absurd from a legal perspective, which is why other courts have ruled against the idea. But if by some miracle the opponents of the Affordable Care Act do ultimately prevail there is a real question [...]

Supreme Court: All Religious Freedoms Are Equal, But Some Are More Equal Than Others

By: Monday June 30, 2014 8:58 am

The thing that bothers me most about the Supreme Court decision in Burwell v. Hobby Lobby Stores, Inc. is not that the Court concluded that some private for-profit companies have some religious freedoms. While I think that argument is deeply flawed, I can at least understand how someone could reach that conclusion. What is most [...]

It’s Not Just Congress: Americans Also Losing Confidence in Presidency and Supreme Court

By: Monday June 30, 2014 6:50 am

The American people have been losing confidence in all three branches of government according to a new poll by Gallup. Confidence in Congress is at a new low, but so is confidence in the Supreme Court. I find that latter number very interesting because the Supreme Court is the branch most dependent of the confidence [...]

Overwhelming Majority Support Across All Parties for Ending Lifetime Appointments for Supreme Court

By: Wednesday May 7, 2014 8:22 am

The American people strongly support several reforms as to how the Supreme Court is structured according to a new Democracy Corp poll. The survey found 74 percent support replacing lifetime appointments with one fixed 18 year term. The idea is very popular with Democrats, Republicans and Independents: I’ve long believed that lifetime appointments are deeply [...]

The People Deciding Thorny Legal Questions About New Technology Don’t Actually Use Them

By: Wednesday August 21, 2013 8:23 am

This is a rather frightening admission from Supreme Court Justice Elena Kagan. Apparently the other justices haven’t “gotten to email” and don’t understand modern computer technology at even the most basic level. From Huffington Post: The members of the Supreme Court continue to communicate with one another through memos printed on ivory paper even as [...]

Majority Support for Supreme Court’s DOMA Decision

By: Wednesday July 3, 2013 8:28 am

The Supreme Court’s decision to strike down key parts of the Defense of Marriage Act has received mostly positive support from the American people. According to a new Washington Post/ABC News poll, 56 percent approve of the Supreme Court’s decision to grant same-sex married couples the same federal benefits as other couples. The poll found [...]

Marriage Equality Will Come Before the Supreme Court Again Soon

By: Thursday June 27, 2013 7:21 am

One thing that the Supreme Court’s two rulings on Defense of Marriage Act and Proposition 8 basically assured is that the Court is not done with this issue. By striking down the federal government’s refusal to recognize same-sex marriages preferred in states where it is legal but deciding not to address whether individual states can [...]