Search Results for "Supreme Court " : 163

by / on May 4, 2012 at 2:02 am / in Domestic, Healthcare, Judicial, Women's Rights

Obamacare’s Bitter Pill

…ed to cases of religious liberty, reinstating the Sherbert test, requirements for strict scrutiny drawn from the Court’s Sherbert v. Warner decision and the passage of the bipartisan Religious Freedom Restoration Act (RFRA) of 1993. Later in 1997, the Supreme Court ruled in City of Boerne v. Flores that the RFRA is applicable to federal institutions. Though strict scrutiny is also applied to race and gender, litigation concerning religion is uniq…

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by / on April 20, 2015 at 6:28 pm / in Domestic, Judicial

The People’s Constitution: How Shifts in Public Opinion Affect the Supreme Court

…ecause it is immune to the pressures and passions of the electorate. Recent empirical evidence suggests that the Court’s decisions are responsive to public opinion – but relatively little research has explored why[1]. There’s more than one reasonable way for public opinion to affect the Supreme Court. The most obvious (and arguably most legitimate) way is that public opinion influences who’s elected to the Presidency and the Senate, and through t…

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by / on June 29, 2012 at 6:37 pm / in Domestic, Opinion

Read Between the Lines

…the controversial Patient Protection and Affordable Care Act. Without understanding the ruling, response to the Court’s decision should run along party lines: The Democrats were victorious. Paradoxically, however, the Supreme Court’s opinion is still a “sleeper victory” for conservatives. In the oral arguments for NFIB v. Sebelius, the government claimed the Affordable Care Act (ACA) was protected under Congress’ right to regulate commerce. Yet,…

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by / on July 8, 2012 at 7:07 pm / in Domestic, Opinion

A Tax By Any Other Name

…stitutional. However, Republicans played this issue correctly; rather than carrying on with an argument that the Court made the wrong decision, they simply stated that they stand ideologically with the four dissenting Justices and then reiterated their plan to repeal and replace Obamacare. Republicans understand that whether one agrees or disagrees with a Supreme Court ruling is relatively unimportant, because the decision of the Court is the fin…

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by / on November 8, 2015 at 1:36 am / in Current Issue, Judicial

Juvenile Injustice

…lications of these studies sparked a nationwide wave of legislation that sought to reverse the punitive Juvenile Court Exclusion laws, including the monumental Supreme Court decision that banned the death and life without parole sentences for criminals under age 18. Today, 37 states and the District of Columbia designate 18 as the minimum age at which a defendant can be prosecuted in an adult criminal court, and 11 additional states set this mini…

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by / on November 11, 2014 at 9:09 pm / in Current Issue, Domestic, Judicial

Judging the Judges

…d slower in applying new ideas of social arrangements to the law. So is this [slowness] a major weakness in the court, then? I would say it’s definitely a weakness, but not necessarily a major one. Do you have any closing thoughts on the way the judicial empathy debate has played out? Yes: It has been interesting to see over the last 30 years how the public presentation of decisions, especially those of the US Supreme Court, a focus of great…

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by / on November 11, 2014 at 9:02 pm / in Current Issue, Domestic

Just Compensation

…he federal government. However, in Chicago, Burlington, & Quincy Railroad Co. v. City of Chicago (1897), the Supreme Court held that the due process clause in the Fourteenth Amendment gave this power, among others, to the states. But that power came with limitations. The first is “just compensation,” which is considered in most cases the equivalent of “fair market price.” This price may or may not equal the value of the property to the actual…

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by / on May 17, 2012 at 2:21 pm / in ACE Forum, Allegiance of College Editors, Domestic, Opinion

ACE Forum: Healthcare I

…until after the court has made its ruling, commented on the case during a press conference. He believes that the court will not rule the act unconstitutional, on the basis that doing so would be “judicial activism” and “an unprecedented, extraordinary step” since it was passed by a majority of members in the House and Senate. However, such a move would not be quite so unprecedented. The Supreme Court’s decision to overturn the National Industrial…

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by / on April 2, 2003 at 2:39 pm / in Domestic, Judicial

Courting Ideology

…ior senator and a Democratic stalwart, gave the filibuster an authentic feel when he began reminiscing about the courtship of his wife—his high school sweetheart—and the bluegrass country of his childhood. But serious issues were at stake. The heated debates over Estrada’s nomination to the second most powerful court in the nation offered a prelude to what will surely be an acrimonious fight over Supreme Court nominations. The filibuster also bro…

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by / on March 17, 2012 at 10:42 am / in Domestic, Immigration, Judicial

The Race to Hate

…a – has demonstrated the racially charged tone that the issue of immigration has adopted. On April 25, 2012, the Supreme Court is set to review the 9th Circuit’s decision on S.B. 1070 in Arizona, et al., Petitioners v. United States. The case is being brought to the Supreme Court after Arizona’s previous appeal of a lower-court decision blocked many of its provisions, and the Supreme Court will determine whether or not such a bill gives states to…

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