Supporters lined up behind the owners of two family owned businesses, Anthony Hahn, second from right, and Dave Green, far right, on the lower level of the Supreme Court building this morning. They were waiting to hear arguments in two cases concerning Obamacare’s required contraceptive coverage by for-profit employers. Hobby Lobby and Conestoga Wood Specialities both embrace Christian principles that cause them to object to forms of contraception that they believe are tantamount to abortion.
It’s been a long day of lively arguments, lots of drawings, and even a little bit of snow, so forgive me if I forgo further comments and simply post the day’s sketches. There are links at the bottom to reporting on the arguments.
Lyle Denniston’s argument recap here.
NYT story here.
WaPo story here.
And a must-read from Dahlia Lithwick here.
This morning before the Supreme Court convened to hear a securities fraud case I spotted lawyer David Boies, who would be arguing for the class action plaintiffs (here the respondents), standing by himself as if in reverie, gazing at the statue of Justice John Marshall. Unfortunately Tom Goldstein, another veteran of the Court, sketchbombed my drawing under the pretense of having a chat with Boies.
The argument itself, Halliburton v. Erica P. John Fund, was way over my head. Fraud-on-the-market theory? Price impact v. market efficiency ? Better that I leave it alone and just post my sketches.
Frigid temperatures this morning means that, no, I didn’t sketch that Carolina wren al fresco outside the Supreme Court. A friend took a picture of it yesterday in Ellicott City which I stole for this composition. So, sue me.
Do police officers who fire shots at a vehicle during a high-speed chase violate the Fourth Amendment by using “unreasonable” force? Most of the Justices seemed not to think so, as long as the chase itself poses a danger.
Chief Justice Roberts: “is there any situation in which it would violate clearly established constitutional law for the police to use lethal force?”
Michael Mosley: “I hate to use television as an example, but perhaps the way the white Ford Bronco fled in the early 90’s that everybody saw on TV.”
The lawyer arguing for the daughter of the driver slain in the volley of shots fired by the police was peppered with questions from the bench, often incredulous or sarcastic.
Justice Scalia: “Okay, . . . You think it is clearly established law that you cannot shoot to kill a driver whose car is moving? Is that it?”
Gary K. Smith: “If . . . “
Scalia: “Is that the principle you say is clearly established?”
Smith: “If doing so . . . “
Scalia: “My goodness, they do it all the time. You watch the movies . . . it happens all the time. Are these movies unrealistic? You cannot shoot to kill somebody in a moving car?”
Smith: “In a . . . “
Scalia: “And that is not just your view. It is, you say, clearly established law?”
The case is Plumhoff v. Rickard