35 Matching Annotations
  1. Jun 2022
    1. Another example of that, because you might say, are there othercases like that, Miranda. So Miranda is reaffirmed a lot, but thenin the Dickerson case in 2000, Chief Justice Rehnquist writes theopinion, considering the stare decisis factors and reaffirming Mi-randa. Even though Chief Justice Rehnquist, by the way, had beena fervent critic of Miranda throughout his career, he decided thatit had been settled too long, had been precedent too long, and hereaffirmed it
    2. o that is why both of those cases, Planned Parenthood v. Caseyand Dickerson, are cases where I would refer to them as precedenton precedent.Senator F EINSTEIN. So you believe it is correctly settled, but isit correct law in your view?Judge KAVANAUGH. Senator, there is on that case or onDickerson, or on cases like Citizens United or Heller or UnitedStates v. Lopez or Kelo, just the whole body of modern SupremeCourt case law, I have to follow what the nominees who have beenin this seat before have done.
    3. has been reported that you have said that Roe is now settled law.The first question I have of you is what do you mean by ‘‘settledlaw’’? I tried to ask earlier do you believe it is correct law?Have your views on whether Roe is settled precedent or could beoverturned, and has your views changed since you were in theBush White House?Judge KAVANAUGH. Senator, I said that it is settled as a prece-dent of the Supreme Court, entitled the respect under principles ofstare decisis. And one of the important things to keep in mindabout Roe v. Wade is that it has been reaffirmed many times overthe past 45 years, as you know, and most prominently, most impor-tantly, reaffirmed in Planned Parenthood v. Casey in 1992.And as you well recall, Senator, I know when that case came up,the Supreme Court did not just reaffirm it in passing. The Courtspecifically went through all the factors of stare decisis in consid-ering whether to overrule it, and the joint opinion of Justice Ken-nedy, Justice O’Connor, and Justice Souter, at great length wentthrough those factors.
    4. Is it correct law?RESPONSE: Thornburg v. Gingles, 478 U.S. 30 (1986), is a precedent of the Supreme Courtentitled to the respect due under the law of precedent. As I discussed at the hearing, the law ofprecedent is not a judicial policy but rather is rooted in Article llI of the Constitution.Adherence to precedent ensures stability and predictability in the law, and reinforces theimpartiality and independence of the judiciary.46. In the 2003 case Lawrence v. Texas, the Supreme Court held that states may not intrudeinto the bedrooms of same-sex couples. Justice Kennedy's majority opinion explainedthat laws prohibiting intimacy between same-sex couples are unconstitutional becausestates "cannot demean their existence or control their destiny by making their privatesexual conduct a crime
    5. is most-ly a sham. You know the game. In the Bush White House, youcoached judicial nominees to just tell Senators that they have ‘‘acommitment to follow Supreme Court precedent, that they will ad-here to statutory text, that they have on ideological agenda.’’ Fairytales.At his hearing, Justice Roberts infamously said he would justcall balls and strikes, but this pattern, 73–0, of the Roberts Fivequalifies him to have NASCAR-style corporate badges on his robes.Alito said in his hearing what a strong principle stare decisiswas, an important limitation on the Court. Then he told the Fed-eralist Society, ‘‘Stare decisis means to leave things decided whenit suits our purposes.’’
    6. he President early on assured evangelicals his Supreme Courtpicks would attack Roe v. Wade. Despite confirmation etiquette as-surances about precedent, your own words make clear you do notreally believe Roe v. Wade is settled law since the Court, as yousaid, ‘‘can always overrule its precedent.’
    7. Justice Kagan, when asked about Roe v. Wade, said the fol-lowing, ‘‘I do not believe it would be appropriate for me to commenton the merits of Roe v. Wade other than to say that it is settledlaw entitled to precedential weight. The application of Roe to futurecases, and even its continued validity, are issues likely to come be-fore the Court in the future.
    8. This reason, we believe—I believe—demonstrates that you arewilling to disregard precedent. And if that is the case because justsaying something is settled law, it really is, is it correct law?
    9. I want to talk a little bit about one of the big deci-sions that we have the belief that although you told Senator Collinsthat you believed it was settled law, the question is, really, do youbelieve that it is correct law? And that is Roe v. Wade
    1. 22. We may note in passing the archaic nature of the US Supreme Court, whosejudges are named for life like the pope of the Catholic Church and the apostles of theMormon church. However, a pontifical bull of 1970 denied cardinals over eighty yearsold the right to vote in papal elections, which proves that all institutions can be re-formed, even the most venerable ones.
    1. Alito relies on sources such as Hale without acknowledging their entanglement with legalized male supremacy. The men who cited Hale as they constructed the early American legal order refused to give women the right to vote or to otherwise enjoy full citizenship. Relying on that history of injustice as a reason to deny modern women control over their own lives is a terrible argument but apparently the best Alito can do.

      Relying on a history of injustice to continue to deny justice to any person is a predatory argument.

    1. On examination, you will find this very judiciary oppressively constructed; your jury trial destroyed, and the judges dependent on Congress.

      Gerrymandering has provided exactly the idea of "judges dependent on Congress" just as Patrick Henry suggested, though it has been done more circuitously than he imagined.

  2. May 2022
    1. The justices held their final arguments of the current term on Wednesday. The court has set a series of sessions over the next two months to release rulings in its still-unresolved cases, including the Mississippi abortion case.

      It's very likely that the decision on Dobbs v. Jackson Women’s Health Organization would have been released late in the typical cycle. The leak of this document prior to the midterm elections may have some profound effects on the election cycle.

    2. Alito’s draft opinion includes, in small type, a list of about two pages’ worth of decisions in which the justices overruled prior precedents – in many instances reaching results praised by liberals.
    3. Alito approvingly quotes a broad range of critics of the Roe decision. He also points to liberal icons such as the late Justice Ruth Bader Ginsburg and Harvard Law Professor Laurence Tribe, who at certain points in their careers took issue with the reasoning in Roe or its impact on the political process.

      But didn't they also criticize the original decision because they felt that there were better and stronger arguments in favor of maintaining the right?

    4. No draft decision in the modern history of the court has been disclosed publicly while a case was still pending.
  3. Mar 2022
  4. Feb 2022
  5. Jan 2022
  6. Feb 2021
    1. ReconfigBehSci. (2021, January 18). Calling lawyers, historians, and political scientists. A thread on the value of life. I’m still stunned by Lord Sumption, ex-judge on UK’s Supreme Court, now anti-lockdown campaigner, publicly stating that the life of a woman with stage 4 bowel cancer was ‘less valuable’ 1/4 [Tweet]. @SciBeh. https://twitter.com/SciBeh/status/1351118909886312449

  7. Oct 2020
  8. Sep 2020
    1. The modern practice of the committee questioning nominees on their judicial views began with the nomination of John Marshall Harlan II in 1955; the nomination came shortly after the Supreme Court handed down its landmark Brown v. Board of Education decision, and several southern senators attempted to block Harlan's confirmation, hence the decision to testify.[1][8]

      Interesting that this practice stems from the imposition of what looks like racist policies.

  9. Aug 2020
  10. Jan 2019
    1. CBC Gem Premium Services Subscription Conditions

      "Associate Justice of the Supreme Court of the United States Ruth Bader Ginsburg died on January 29, 2019 at 2:30 p.m. Eastern Standard Time at Memorial Sloan Kettering Cancer Center in New York City. Justice Ginsburg died of complications related to the thoracic injuries she sustained in November, 2018."

  11. Apr 2018
    1. If the Imputation is defamatory per se, necessary mens rea will be presumed - The principle laid down here, shifts the onus to prove to the defendant if the imputations are prima facie defamatory, and releases the burden from the complainant to prove that the allegations caused harm to his reputation

    1. The law of defamation is a culmination of a conflict between society and the individual. On one hand lies the fundamental right to freedom of speech and expression enshrined under Article 19(1)(a) of the Constitution of India, on the other is the right of individual to have his reputation intact. How far does the liberty of free speech and expression extend" And when does it become necessary for the law to step in to safeguard the right of the individual to preserve his honour. THE law of defamation seeks to attain a balance between these two competing freedoms.

      In every society there needs to be a balance between the right to speech/expression and the right not to be defamed.

    1. The John Thomas vs Dr. K. Jagadeesan clears two concepts:

      1. If imputations are prima facie libellous or per se defamatory, the complainant need not establish that the imputations had indeed defamed or damaged him/her
      2. If a definite company, association or group of persons are defamed, any of the aggrieved director or office holder can feel aggrieved by the offence.
  12. Sep 2016
    1. “routine burden of citizenship”

      New York Times Editorial

      Justice Thurgood Marshall's dissent was more faithful to the evidence: ''A group of white citizens,'' he wrote, ''has decided to act to keep Negro citizens from traveling through their urban 'utopia,' and the city has placed its seal of approval on the scheme.'' Despite a national commitment to equality, blacks were being kept quite literally in their place.

  13. Feb 2014