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Sketches of announcement of Supreme Court opinions

Obamacare and Fair Housing

Didn’t have a chance to post yesterday’s sketches of two major Supreme Court decisions, Texas Dept. of Housing v. Inclusive Communities and King v. Burwell.

The big one, of course, was Obamacare and for the second time Chief Justice Roberts authored an opinion the saved Affordable Health Care.

I scanned the wide-shot before filling in the foreground with watercolor, and I think I like the result. Maybe I’ll continue this way, plus I’m naturally lazy and it’s less work.

And below is Justice Kennedy announcing his opinion reaffirming the Fair Housing Act ban on unintentional discrimination.

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Historic Day For Gay Couples

Gay-rights lawyers were seated in the first rows close to the bench when the opinion in Obergefell v Hodges was announced by Justice Kennedy. As it became clear that they had won big, that the Court had recognized a constitutional right to same-sex marriage, smiles broke out, backs were patted, and, once the Justices had left the bench, hugs all around.

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Top Of The Ninth? Spider-Man & California Raisins

Four decisions from the Supreme Court today included an opinion, Kimble v. Marvel, that quoted Spider-Man creators Stan Lee & Steve Ditko (Amazing Fantasy, No.15, “Spider-Man”, 1962), and a takings case, Horne v. Department of Agriculture, brought by California raisin growers.

In announcing the California raisins case from the bench Chief Justice Roberts said,“The Constitution does not allow the government to take your car without just compensation if it promises to return the quarters it finds in the seats.”

The Court returns Thursday and Friday with more decisions, at which time it will truly be the bottom of the ninth with the possibility of extra innings next week.

 

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Scalia’s Gaffe, or The Goldberg Variation

No major decisions from the Supreme Court yesterday meant that a slight gaffe by Justice Scalia got a bit more ink, or is it pixels?

At the end of announcing the Court’s opinion in Kerry v. Din, Scalia referred to Justice Ginsburg, one of the dissenters, as “Justice Goldberg”. “Sorry about that, Ruth,” said Scalia who continued to smile and appear red-faced as the Court moved to admissions to the bar.

Mark Walsh has written about it here in SCOTUSblog.

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Long Awaited Decision On Presidential Powers

Menachem Zivotofsky was born in 2002, the same year congress passed the Foreign Relations Authorization Act with a provision that U.S. passports listing the place of birth as Jerusalem should, upon request, also list Israel. Zivotofsky’s parents did just that, and the case had been kicking up and down the courthouse steps for years. Yesterday it concluded with a big win for the President.

It appears that Justice Kennedy’s opinion enshrines a presidential power nowhere mentioned, though implied, in the Constitution, namely recognition of foreign powers. “Recognition is a topic on which the Nation must ‘speak . . . with one voice,’” writes Kennedy.  “That voice must be the President’s.”

Justice Scalia, along with Justice Alito and the Chief Justice, dissented. Justice Thomas also dissented in part, making the decision either 6-3, 5-4 0r even 5 ½-3 ½ depending on who you listen to.

The case is Zivotofsky v. Kerry, and you can read about yesterday’s decision here and here.

Posted in Opinions, Supreme Court, Uncategorized Tagged with: , , ,

Scalia A Little Late For Conciliation Argument

 

“Justice Scalia has the opinions in two cases,” the Chief Justice announced as Scalia’s chair sat empty, “he’s asked that I announce them.”

It’s not unusual for the a senior justice to announce the opinion of an absent justice. There are often one or more empty chairs on opinion days when no arguments are heard. But there were two cases to be argued today and unless a justice has recused themselves you can expect that they’ll be on the bench.

Scalia did eventually appear from the maroon curtains behind the bench just as the first argument was getting under way, a sex discrimination case that was really about the EEOC’s failure to use “conciliation” in enforcing Title VII. It turns out the justice was merely delayed in traffic.

You can read Mark Walsh’s account of Scalia’s tardy arrival here on SCOTUSblog.

Here are a couple sketches fro the argument in Mach Mining v. EEOC.

 

 

Also spotted in the courtroom today, and also not unusual, was Cecilia Marshall, wife of the late Justice Thurgood Marshall. She is a frequent visitor to the Court.

 

 

 

Posted in Arguments, Opinions, Supreme Court Tagged with: , , ,

Two Opinions and Multi District Litigation

Here are some sketches from Tuesday at the Supreme Court.

 

The Court heard arguments in Gelboim v. Bank of America Corp., a case from the Second Circuit which turned down an appeal of a case in a Multi District Litigation because the other consolidated cases were still pending, at least that’s what I think it may be about. It’s complicated.

Opinions in two cases were also announced. Warger v. Shauers, about the admissibility of one juror’s testimony about another juror’s statements (above), and Integrity Staffing Solutions v. Busk, about compensation for employees who have to go through security screen after completing their shift (below).

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Alito’s Day, But Ginsburg Has The Last Word

There was a long line and demonstrators, both pro-choice and pro-life (though no pro or anti-union for the Harris case that I could see) outside the Supreme Court this morning on the last decision day of the term.

Inside the courtroom the press was there in full force; retired Justice Stevens was seated on the opposite side in the VIP section; the section for members of the bar never quite filled up, but there were plenty of spectators.

The bleached faux-hawk in the public section caught my attention. I was told these visitors are teachers attending the Supreme Court Summer Institute.

Justice Alito had both opinions for the last day, Hobby Lobby and Harris v. Quinn. He started with Harris in which the Court ruled that “partial public employees” such as homecare  workers paid under Medicaid that do not belong to the union representing public employees do not have to pay a fee to the union to support collective bargaining.

Alito’s second opinion, Burwell v. Hobby Lobby, drew the most attention. The decision gives for-profit family owned corporations the same rights as persons under The Religious Freedom Restoration Act of 1993 (RFRA) which prohibits “Government [from] substantially burden[ing] a person’s exercise of religion . . ” Two family owned Christian businesses, Hobby Lobby and Conestoga Wood Specialities appealed under RFRA because they objected to the requirement under Obamacare that cover the costs of certain contraceptives for their employees.

Justice Ginsburg dissented. “The court forgets that religious organizations exist to serve a community of believers,” she wrote. “For-profit corporations do not fit that bill.”

 

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Two “Faux-nanimous” Supreme Court Decisions

Dahlia Lithwick, writing in Slate magazine, coined the term “faux-nanimous” for the kind of unanimous decisions the Supreme Court delivered today where concurring opinions read more like dissents. Read her article, you’ll like it. And I’ll just go ahead and post my pictures.

UPDATE: Another great article on the “faux-nanimous” opinions, this time from professor Garret Epps for The Atlantic

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Four Down, Four To Go

The Supreme Court had decisions on four more cases today, though only three opinions because the two cell phone cases were treated as one. In a unanimous decision the Court ruled that a warrant is required to search an individual’s cell phone.

In his opinion for the Court Chief Justice Roberts wrote, “The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the founders fought.”

In another significant decision concerning technology Justice Breyer delivered the opinion in ABC v. Aereo in which the broadcast network’s copyright protection triumphed over Aereo’s innovative program delivery model that sought to bypass royalties.

That leaves four decisions in argued cases – three from January, one from March – to be announced. It is expected that the  Court will meet two more days since the chief justice has not yet announced the final day as is custom.

 

Posted in Opinions, Supreme Court Tagged with: , , , ,
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