No single big story at the Supreme Court today. That will come tomorrow when the Court hears the first abortion argument it has considered in several years regarding the buffer zone around clinics in Boston. So tune in tomorrow.
In the meantime here a today’s sketches of one opinion, delivered by Justice Ginsburg, and the two morning arguments (there was a third argument in the afternoon – unusual these days – but I didn’t attend).Justice Ginsburg announced the opinion of the Court that Daimler, the parent company of Mercedes-Benz, could not be sued in California under the Alien Tort Act for crimes committed by its Argentinian subsidiary during that country’s “Dirty War”. I covered the arguments here.
The first argument, Executive Benefits v. Arkinson, about whether the power granted bankruptcy judges violates Article III of the constitution went in one ear and out the other, so you’ll have to read about it here. Same thing with the next argument, Brandt Revocable Trust v. U.S., although I did catch that it might have something to do with “Rails to Trails” and the possibility that someone might ride a bicycle through your house. SCOTUSblog’s Lyle Denniston recaps the argument here.
A 5-4 divided Court today struck down a key section of the 1965 Voting Rights Act, effectively putting the burden on victims of voter descrimination to seek relief. Chief Justice Roberts wrote for a majority that included Justices Thomas, Scalia, Kennedy and Alito.In a dissenting opinion joined by Justices Sotomayor, Breyer and Kagan, Justice Ginsburg wrote, “Hubris is a fit word for today’s demolition of the Voting Rights Act”.
Lyle Denniston’s take on the opinion is here.
On the first day of what promises to be a steamy week in Washington, at least outside the Supreme Court building, the Court announced its opinion in a long awaited affirmative action case, Fisher v. University of Texas. When the case was argued back in October it appeared that the University’s use of race as an admissions factor might be struck down.Instead, in an opinion by Justice Kennedy, the Court said such programs must meet the test of “strict scrutiny” as well as being“narrowly tailored”.
Surprisingly, for a case argued at the beginning of the term, there was but one dissenter in the 7-1 decision (Justice Kagan took no part), Justice Ginsburg.
”The Court rightly declines to cast off the equal protection framework …”, writes Ginsburg. “Yet it stops short of reaching the conclusion that (it) warrants.”
Justice Alito took a sip from his coffee cup.
… only 28 cases remain undecided.Dashing hopes of a long awaited decision on the affirmative action case, Fisher v. University of Texas, argued last October the Court today announced only two opinions of less interest. At least they weren’t unanimous.
One thing a sketch artist at the Supreme Court needs to look for is whether Justice Ginsburg is wearing a jabot or one of her increasingly large doilies around her neck. Today, for the first time I can recall, she wore neither. She appeared to be wearing a sparkly necklace of dark crystals. I couldn’t quite make it out.
The above sketch is from the Title VII case argued today, Vance v. Ball State University.
Below are a couple of sketches from the other case argued dealing with federal antitrust law and Georgia’s state health care system, FTC v. Phoebe Putney Health System. Note again, Ginsburg sans jabot.
My sketches from the announcement of the Court’s opinion, and dissents, on the Affordable Care Act.
As they took their seats Justice Breyer was smiling; Sotomayor looked glum.
Justice Scalia was actually sitting as far back from Roberts as possible. Forgive the artistic license, but I wanted to get his expression in the frame.
A couple of sketches from today at the Supreme Court :
The Court heard arguments in two cases where juveniles were sentenced to life without the possibility of parole. Both prisoners were very ably represented by Bryan Stevenson, pictured above.
The Court also announced opinions in four cases. Pictured below, clockwise from the bottom right, are Justice Sotomayor, Justice Breyer, Justice Kennedy and Justice Ginsburg reading her dissent in Coleman v. Court of Appeals of Maryland.
The Supreme Court announced six opinions today. I have sketches of four of those opinions being read by their authors :
Justice Ginsburg had the the opinions in two cases, Bullcoming v. New Mexico and CSX v. McBride.
Justice Thomas, who turned 63 today, had the opinion in PLIVA Inc v. Mensing.
And Justice Kennedy read his opinion in Sorrell v. IMS Health.
It is beyond the capability of this wretched, inkstained courtartist to understand, much less explain the meaning of all these opinions, so I refer the reader to ScotusBlog.
As the Supreme Court comes into the final stretch of the term opinions on some of the eagerly awaited bigger cases are coming down.
Today Justice Scalia delivered the opinion in Wal-Mart v. Dukes, the largest ever class-action suit. Brought by female employees of the retail giant it accused Wal-Mart of sex discrimination in pay and promotion. Not surprisingly Wal-Mart won.
The other opinion on my watch list to come down today, American Electric Power Co. v. Conn., did not get as much attention. In an opinion written by Justice Ginsburg the Court said that the regulation of greenhouse gases is the job of the EPA, and that States cannot make an end run around the Clean Air Act by filling a “public nuisance” claim in federal court.
ScotusBlog’s Lyle Denniston on the global warming case can be found here.
NYT article on Wal-Mart is here.
A sketch of Justice Ginsburg reading her opinion in Skinner v. Switzer :
WaPo story here.