Tag: Supreme Court

Justice Antonin Scalia’s Funeral Mass

By Darren Smith, Weekend Contributor

basilica-of-the-national-shrine-of-the-immaculate-conception220px-Antonin_Scalia,_SCOTUS_photo_portraitSupreme Court Justice Antonin Scalia’s funeral was held Saturday, February 20th, 2016 at the Basilica of the National Shrine of the Immaculate Conception, the largest Roman Catholic church in North America. We now feature the videography of his funeral service.
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The heroes, tragedies, and hope of segregated housing

“Show me a hero and I’ll write you a tragedy.” ~F. Scott Fitzgerald.

By Cara L. Gallagher, weekend contributor

*Warning! This post has the potential for spoilers.

Show David Simon a hero and he’ll write you a biopic tragedy full of injustices, passive-aggressive slights, and indifference. He’ll also create original characters, like Tommy Carcetti, Bubbles, and McNulty, who will test the needle of your moral compass on an episodic basis. You’ll want try to find the good one, the one who consistently plays it above board, the incorruptible. You’ll find yourself at bars and cocktail parties when the inevitable discovery that all parties present have binged The Wire debating who the least bad character is. But none such character exists in nearly any of his HBO series. I say nearly because I can’t speak for Treme. Like the rest of us, I never made it through the entire series. My hunch is he’s not in New Orleans either.

The latest Simon series, Show Me A Hero, a short six-episode HBO series about housing, race, and politics set in mid-1980’s Yonkers, New York is one of his more hopeful tributes to social justice, but no less delivers on the tragedy. Continue reading “The heroes, tragedies, and hope of segregated housing”

Obamacare Spared Through “Jiggery-Pokery”?

scaliaSupreme CourtI spent most of the day opining in front of the Supreme Court and in studies on the 6-3 ruling in favor of the Obama Administration in King v. Burwell. I will not subject you to more of that analysis. I have previously indicated that I found the opposing view of the Halbig decision against the Administration to be compelling, though I have always viewed this to be a difficult question upon which people of good-faith could disagree. Yet, in both my prior congressional testimony and my columns, I have never accused the Administration of “jiggery-pokery” — largely because I was not sure what jiggery-pokery is. However, Associate Justice Antonin Scalia has written a stinging dissent to King that contains the memorable accusation that the majority was engaging in “interpretive jiggery-pokery.”

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SUPREME COURT RULES AGAINST ADMINISTRATION ON CRIMINALIZING INTERNET SPEECH

Supreme CourtThe Supreme Court has handed down its decision in Elonis v. United States, a case that had sweeping implications for free speech on the Internet. The Obama Administration sought to establish a low standard for criminalizing speech based on a reasonable person standard that would have gutted the requirement of scienter or intent in establishing a criminal threat. The Court adopted the narrowest basis to remand the case but it clearly rejected the lower standard sought by the Administration. In doing so, free speech dodged a bullet today and the Obama Administration came perilously close to rolling back on protections for free speech on both the Internet and social media.

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Asian American Groups File Complaint Against Harvard Over Discrimination in Admissions

220px-Harvard_Wreath_Logo_1.svgWe have previously discussed how schools have rejected students with substantially higher scores for college admissions to allow the admission of African-American and hispanic students. Some academics, myself included, have raised concerns about the significant differences in academic scores — a difference that is particularly great with regard to Asian Americans. For that reason, I share the concern that this constitutes a form of discrimination based on race. While there remains a permissible range in which schools can select students to achieve a diverse and pluralistic student body, the differential of admissions scores can be alarming in some cases and suggest that students are being rejected simply because of their race.

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Supreme Court Hears ACA Challenge Amid Dire Warnings From The Administration

Supreme CourtThe Supreme Court has decided to wade back into the controversy over the Affordable Care Act (ACA) or “Obamacare” today with the granting of review of King v. Burwell, No. 14-114. I have previously written about the King case as well as the parallel case in the D.C. Circuit in Halbig. Today, the Supreme Court will hear oral arguments in King and there appears a rather transparent effort by the Administration to give justices sticker shock in considering the challenge, particularly Chief Justice John Roberts. [For full disclosure, I am lead counsel in the challenge filed by the United States House of Representatives to different ACA changes ordered unilaterally by President Obama in House of Representatives v. Burwell.

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From Hobby Lobby To Holt: Supreme Court Rules Unanimously In Favor Of Religious Rights Of Arkansas Inmate

BEARDS-web-master180Supreme CourtA unanimous Supreme Court ruled Tuesday that a Muslim prison inmate in Arkansas, Gregory H. Holt (also known as Abdul Maalik Muhammad), can grow a short beard for religious reasons. The case is The case is Holt v. Hobbs, 13-6827. It represents a trifecta loss. The federal magistrate (Joe J. Volpe), the district court judge (Brian S. Miller), and the United States Court of Appeals for the Eighth Circuit (Judges Bye, Arnold, and Shepherd) all ruled against Holt only to see a unanimous Supreme Court reject their reasoning. Justices Ginsburg and Sotomayor both wrote concurring opinions.

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