Supreme Court

Breaking: Supreme Court Deadlock Upholds Win For Unions

March 29, 2016 AP, http://www.AP.org Resist! Labor Unions, Supreme Court, Worker Rights

By Associated Press. A tie vote from the Supreme Court on Tuesday handed a win to labor unions in a high-profile dispute over their ability to collect fees. The justices divided 4-4 in a case that considered whether public employees represented by a union can be required to pay "fair share" fees covering collective bargaining costs even if they are not members. The split vote leaves in place an appeals court ruling that upheld the practice. The one-sentence opinion does not set a national precedent and does not identify how each justice voted. It simply upholds a decision from the 9th U.S. Circuit Court of Appeals that applies to California and eight other Western states.

Supreme Court Dismisses Colorado Marijuana Case

March 22, 2016 Tom Angell, www.marijuana.com Create! Colorado, Marijuana, Supreme Court

By Tom Angell for Marijuana - The United States Supreme Court on Monday dismissed a case against Colorado that could have dealt a devastating blow to legal marijuana laws in a growing number of states. The lawsuit, which Nebraska and Oklahoma filed in late 2014, compared marijuana coming over their borders from Colorado to pollution. They said that as a result, their law enforcement agencies, courts and jails are being unduly overburdened.

Obama Appointee Ruled Gitmo Prisoners Had No Rights

March 16, 2016 Emily Shire, www.bustle.com Educate! Guantanamo, Supreme Court

By Emily Shire for Bustle. While serving on the U.S. Court of Appeals for the District of Columbia Circuit, Garland often ruled in support of George W. Bush's Guantanamo Bay detainee policies and "showed great deference to President George W. Bush's indefinite detentions at Guantanamo Bay, Cuba," the Washington Post noted in 2010. In 2014, Garland was part of three-judge panel that unanimously ruled a "new policy of probing into a prisoner's groin area and alongside his clothed genitals is a reasonable security measure," as Josh Gerstein at Politico wrote. Garland's most famous decision, though, in regards to Guantanamo Bay policies may be the 2003 ruling in Al Odah v. United States. In that case, Garland joined the majority opinion that Guantanamo Bay detainees were not entitled to habeas corpus, which effectively blocked them "from seeking relief in civilian courts," as Ian Millhiser at ThinkProgress noted. That ruling was overturned the next year by the Supreme Court in Rasul v. Bush, which said the detainees were entitled to challenge their detention.

Pennsylvania Supreme Court Hears Arguments Over Fracking Favoritism

March 11, 2016 Candy Woodall, www.pennlive.com Resist! Fracking, Pennsylvania, Supreme Court

By Candy Woodall for Penn Live - There are more than 3 million Pennsylvanians who rely on private wells for their drinking water, and many of them live in the rural areas of the state where oil and gas drilling takes place. Hundreds of contamination cases were reported after spills, and they've only affected private water sources, according to attorney John Smith. The state's attorney, Sean Concannon, argued that the state regulates public water sources, not private wells, and that's why the act is written that way. DEP doesn't know where all the private wells are and couldn't notify everyone, he said.

What’s At Stake In Texas Abortion Case?

March 3, 2016 Dorothy Samuels, www.brennancenter.org Educate! Abortion, Supreme Court, Texas

By Dorothy Samuels for Brennan Center for Justice - "Read the small print" is sound advice before buying car insurance or signing for a reverse mortgage touted in a late-night infomercial. It is also the right approach for making sense of Whole Woman's Health v. Hellerstedt, the momentous abortion rights case from Texas now before the Supreme Court. The outcome will help determine whether safe and legal abortion care will be available to poor and disadvantaged women in large swathes of the country and could shape the real world contours of women's reproductive freedom for years to come.

The Conundrums Of Justice Scalia

February 20, 2016 Staff, www.blog.nader.org Educate! Supreme Court

By Staff of The Nader Page - We referred to the Supreme Court case which was falsely reported to have decided that a corporation is a person. This was the 1886 caseSanta Clara County v. Southern Pacific Railroad. This case dealt with a taxation matter and the Court neither decided the personhood issue nor did it even address the issue. Instead, the court reporter (or scribe as he was called), a former railroad company president, simply wrote in the headnotes that “Corporations are persons within the meaning of the Fourteenth Amendment to the Constitution of the United States….”

Antonin Scalia 1936-2016

February 18, 2016 Mumia Abu-Jamal, www.prisonradio.org Educate! Mumia Abu-Jamal, Supreme Court

By Mumia Abu-Jamal for Prison Radio - Justice Antonin Scalia of the US Supreme Court, famous for his quips and his judicial opinions is no more. The Associate Justice, appointed to the courts by President Regan in 1986, was coming up on his 30th year this September on the bench. He was a controversial figure, and arguably the most intellectually gifted of his colleagues. But it must be said that his brilliance was not at the service of the many but the few.

Supreme Court Halts Clean Power Plan, Wide Implications

February 11, 2016 John H. Cushman Jr., www.insideclimatenews.org Educate! Coal, Politics, Regulation, Supreme Court

By John H. Cushman Jr. for Inside Climate News - The Supreme Court put on hold the linchpin of President Obama's climate policy, barring the Environmental Protection Agency on Tuesday from carrying out the administration's new Clean Power Plan to reduce greenhouse gas emissions from electric power plants. It was a surprising decision of staggering proportions, with repercussions that go far beyond the U.S. electrical grid, threatening the credibility of the Paris Agreement on climate change reached by the world’s nations in December.

Not Too Late For Unions To Win Friedrichs Case

January 14, 2016 Shamus Cooke, www.counterpunch.org Organize! Labor, Supreme Court, Unions, Worker Rights

By Shamus Cooke for Counter Punch. Washington, DC - If the future of labor unions is in the hands of the Supreme Court, the outlook is bleak. Labor’s denial was shattered when Judge Alito signaled that the Court had the votes to decimate union membership nationwide. This specific attack aims at public sector unions, the last high-density stronghold of the labor movement. It also foreshadows that private sector unions will be further attacked, into dust this time. The Friedrichs decision now seems inevitable, but nothing is inevitable in politics. The decision will not be announced until June, and this 5 month delay allows unions time to fully express their power.

Kent Officials Unconstitutionally Blocked ‘Democracy Day’ Ballot Issue

October 22, 2015 Jeremy Pelzer, www.movetoamend.org Resist! Democracy, Supreme Court

By Jeremy Pelzer for Move To Amend - COLUMBUS, OH – The Ohio Supreme Court on Thursday unanimously ruled that supporters of a proposed "Democracy Day" in Kent have enough petition signatures to put the idea on the November ballot. The 7-0 decision means that Ohio cities can't make it harder for citizens to get issues on the ballot than what the state constitution calls for, though it's unclear how many communities will be affected by the ruling. In its ruling, the state's highest court held that Kent's municipal charter wrongfully set a higher threshold for petition signatures than the Ohio Constitution, which requires signatures equal to 10 percent of votes cast at the last election – or 333 signatures, in the case of Kent.

We Now Have A Private Judicial System Just For Corporations

October 5, 2015 David Morris, www.ilsr.org Educate! Supreme Court

By David Morris for ILSR - The result was a law very narrowly focused on commercial contracts voluntarily entered into by businesses of relatively equal strength. In a House floor debate Representative George Scott Graham (R-PA) summed up his colleagues’ intent, “[t]his bill simply provides for one thing, and that is to give an opportunity to enforce an agreement in commercial contracts and admiralty contracts—an agreement to arbitrate, when voluntarily placed in the document by the parties to it.” For the next 60 years the law worked as intended. Courts consistently upheld arbitration awards between businesses but also consistently held that the FAA was procedural not substantive. Arbitration did not trump federal and state laws. The FAA did not apply to employment or consumer contracts.

Super PAC Contributions Can Be Considered Bribes: Judge

October 1, 2015 Paul Blumenthal, www.huffingtonpost.com Educate! Campaign Finance, Citizens United, Supreme Court

By Paul Blumenthal for The Huffington Post - WASHINGTON -- A district court judge on Monday dismissed four corruption charges against Sen. Robert Menendez (D-N.J.) and his donor Salomon Melgen, but denied motions to toss out other charges including, notably, the senator’s solicitation of contributions for a super PAC. Lawyers for the senator had asked the court to dismiss charges related to the $700,000 in contributions from Melgen to Senate Majority PAC, a super PAC run by former aides to Sen. Harry Reid (D-Nev.) that made independent expenditures to support Menendez’s 2012 reelection, which prosecutors allege were made in exchange for official acts. The basis for dismissal offered by Menendez’s lawyers were the Supreme Court’s 2010 Citizens United and 2013 McCutcheon decisions. Those two cases redefined corruption as only explicit bribery, excluding influence and access.

Kings In Black Robes

January 25, 2015 Stephen A. Justino, www.occupy.com Educate! Citizens United, Corporatism, Corruption, Democracy, Supreme Court

The Supreme Court is systematically stripping Constitutional Rights from real, live human beings and giving those rights to Corporations and a very small group of plutocrats. There are a lot of living, breathing human beings who belong to a lot of issue advocacy groups and whose "oxen were gored" in the decisions discussed above. It's time for those groups, and so many more, to begin working together to take back the political power that the Supreme Court has stolen from the American people. The only decisive way to do that is, for starters, to amend the U.S. Constitution so that it clearly and unequivocally states that 1) inalienable rights protected under the Constitution belong to human beings, and 2) money is not speech.

Newsletter: Our Task-The Future As A Frontier

January 24, 2015 Margaret Flowers and Kevin Zeese, www.PopularResistance.org Newsletter BXE, Citizens United, Corporatocracy, Davos, Democracy, Elections, fast track, FERC, Fracking, Martin Luther King Jr, MLK, Pipelines, Seneca Lake, Solar, Supreme Court, TPP, World Economic Forum

Sam Smith gave this talk, “On Becoming and Being an Activist,” at a teen conference. The essence of his message is that we are facing serious crises and we have to make a choice of whether we will act or not. We are on a dangerous path and it takes courage to see that and not be paralyzed into inaction. It is easier to ignore the truth and succumb to the many distractions in our lives. Smith writes: “It is this willingness to walk away from the seductive power of the present that first divides the mere reformer from the rebel — the courage to emigrate from one’s own ways in order to meet the future not as just a right but as a frontier.” Smith goes on to describe that traditional tools for social change, working within the system, are not effective in this time. We must raise our voices, do the unexpected and try the improbable. We need to use our passion, our energy, our magic and music to burst the illusion being hand fed to us in the media and taught in our schools.

Protests Interrupt Supreme Court Over Citizens United

January 22, 2015 Staff, www.PopularResistance.org Resist! Citizens United, Corruption, Democracy, Money As Speech, Overturn Citizens United, Plutocracy, Supreme Court

On the anniversary of the Citizens United decision the US Supreme Court was interrupted by a series of protests decrying the corruption of government made worse by the decision. Reuters reports: Activists staged a rare protest inside the U.S. Supreme Court on Wednesday, shouting denunciations on the fifth anniversary of a ruling that lifted limits on corporate spending in elections as police rushed to corral them, knocking over chairs and causing a ruckus in the normally staid chambers. While the protests were ongoing they report "Chief Justice John Roberts tried to begin business but kept being interrupted by shouts." The New York Times described the protests reporting: The disruption came shortly after the justices took their seats on the bench at 10 a.m., when a woman rose in the back of the courtroom and yelled, “Overturn Citizens United.” Chief Justice Roberts showed a public cool and tried to use humor, SCOTUS blog reports: "The Chief Justice was heard to mutter, 'Oh, please.'"

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