Search Results for "Supreme Court " : 143

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 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 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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by / on January 5, 2014 at 10:59 am / in Domestic, Winter 2013

Death of a Penalty

…light of a capital trial, forcing taxpayers to foot the exorbitant bill for cases that will never even arrive in court. These costs do not fade away after sentencing, though—appeals and petitions arise after that. The exact appeals process varies by state, but the following description of California’s appeals process captures the drawn-out complexity that most state appeals processes entail. In California, first, the California Supreme Court auto…

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by / on December 16, 2012 at 9:13 pm / in Cover Story, Latin America, World

Bribe and Punishment

by Marissa Tjartjalis “The problem is that in Brazil you don’t convict. I’ve been in court for seven years, yet this is the second time we attempt to reach conviction. This course of action is still very novel to me and to other judges.” Judge Joaquim Barbosa is unhappy with his court’s conviction rate. He is closer to the rule than to the exception in a region that has suffered from a tainted judicial system since the establishment o…

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by / on August 21, 2012 at 8:24 pm / in Domestic, Opinion

Citizens Standing United

by Photo from C-SPAN3 In his notable dissent in Ligget Co. v Lee (1933), Supreme Court Justice Louis Brandeis noted that corporations “have brought such concentration of economic power that so-called private corporations are sometimes able to dominate the state.” What Brandeis observed in the twentieth century has again become a threat today. Not since the Gilded Age has money in politics become such a corrosive problem. Through the S…

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by / on June 28, 2012 at 8:08 pm / in Domestic, Opinion

A Step in the Right Direction

by photo of the US Supreme Court from Wikimedia Commons On June 28, 2012, the Supreme Court of the United States upheld President Obama’s health care law, the Affordable Care Act, in a 5-4 vote with Chief Justice Roberts casting the deciding vote. This highly anticipated event does not fix all the problems with the American health care system or even with the Affordable Care Act, but it does provide some certainty and direction. This…

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