Supreme Court Articles

Colorblind Law

May 05, 2014

"As Justice Harlan observed over a century ago, ‘our Constitution is colorblind and neither knows nor tolerates classes among citizens.’ .  .  . The people of Michigan wish the same for their governing charter. It would be shameful for us to stand in their way.”

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Podcast: Affirmative Action Is Dying, But It's Not Dead

Hosted by Michael Graham.
10:00 AM, Apr 24, 2014

THE WEEKLY STANDARD Podcast with executive editor Terry Eastland on the recent ruling by the supreme court in Schuette v. Coalition to Defend Affirmative Action.

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Special Report Panel on Supreme Court's Affirmative Action Decision

9:01 AM, Apr 23, 2014

Steve Hayes, with Juan Williams and Charles Krauthammer, last night on Fox News:

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Podcast: Analyzing the McCutcheon v. FEC Ruling

Hosted by Michael Graham.
3:45 PM, Apr 03, 2014

THE WEEKLY STANDARD Podcast with attorney and frequent contributor Adam J. White on the Supreme Court's ruling in McCutcheon v. FEC, which repealed parts of federal campaign law pertaining to aggregrate campaign donation limits.

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After the Filibuster

The coming war over presidential appointments
Feb 24, 2014

President Obama and Senate Democrats have gone to great lengths to secure the appointment of executive-branch officers and judges and thus help advance his policies and programs. Obama has made recess appointments in a way no president before him did, an action now being challenged in National Labor Relations Board v. Noel Canning, which offers the Supreme Court the first occasion in its long history to opine on the until-now obscure recess appointments clause.

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‘Kelo’ Revisited

Properties were seized and a neighborhood razed in the name of ‘economic development’ that never came
Feb 10, 2014

New London, Conn. 
"See that pole with the transformer hanging from it?” Michael Cristofaro asked me. “That was where my family’s home was.”

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Democratic Senators File Obamacare Contraception Brief

2:38 PM, Jan 28, 2014

Nineteen Democratic senators filed a brief this week with the Supreme Court in support of requiring business owners to pay for contraceptives and abortifacients for their employees over their religious objections.

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A Prayer Before Legislating

Where church meets state.
Dec 30, 2013

Dr. Brian Lee is pastor of Christ Reformed Church, a small church in downtown Washington, D.C., which he founded six years ago. Lee knows something about a topic not ordinarily discussed at his church, that of “legislative prayer.” As we’ll see, he has his doubts about it.

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The Town FEMA Turned Down

The tide goes out on religious liberty
Nov 25, 2013

Ocean Grove, N.J.

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An Opportunity for the Court

Nov 04, 2013

Among the first cases heard by the Supreme Court in its new term is one from Michigan. The state stands accused of violating the Constitution’s equal protection guarantee by requiring equal treatment in public-university admissions decisions. Michigan has committed no such violation. Yet to judge by the oral argument in Schuette v. Coalition to Defend Affirmative Action, the Court, surprisingly, is closely divided. A decision against Michigan would be a setback for equal protection.

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Judicial Supremacy

Jul 22, 2013

Arguably the most important case the Supreme Court handed down this past term was United States v. Windsor, in which Justice Kennedy, writing for a five-justice majority, declared unconstitutional the Defense of Marriage Act’s definition of marriage for federal purposes. Largely neglected in commentary on the case is the question the Court had to decide in order to take up the constitutional question—that of whether it had jurisdiction over the appeal.

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Let the People Decide

From the dissenting opinion by Justice Antonin Scalia in U.S. v. Windsor
Jul 08, 2013

This case is about power in several respects. It is about the power of our people to govern themselves, and the power of this Court to pronounce the law. Today’s opinion aggrandizes the latter, with the predictable consequence of diminishing the former. .  .  .

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Stop Discriminating

Jul 08, 2013

 In 2007, the Supreme Court ruled against using race to determine public school assignments. Chief Justice Roberts concluded his plurality opinion with this eloquent statement: “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”

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Will Thomas Perez Make Another Deal?

Jul 08, 2013

As the Supreme Court finished its term, we looked ahead to see which big cases the justices have taken for review starting in the fall. And lo, Township of Mount Holly, New Jersey, et al. v. Mount Holly Gardens Citizens in Action, et al. caught our eye.

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Hyperventilating over Voting Rights

Jul 08, 2013

The Scrapbook has said it before and will say it again: Not only has the 24-hour news cycle revolutionized the business of journalism, it has taken a certain amount of the fun out of reading all that 24-hour-cycle journalism.

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Podcast: Reviewing the Recent Supreme Court Decisions

Hosted by Michael Graham.
5:00 AM, Jul 07, 2013

WEEKLY STANDARD executive editor Terry Eastland reviews the Supreme Court's decisions in Fisher v. University of TexasUnited States v. Windsor, and Hollingsworth v. Perry.

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A Conservative, Corporate Coup on the Roberts Court?

9:00 AM, Jun 30, 2013

In the New York Times on Friday, Adam Liptak writes that the Supreme Court under Chief Justice John Roberts has concluded another term in which, on the whole, conservative interests have won the day.

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The Court Exercises ‘Will Instead of Judgment’

2:39 PM, Jun 27, 2013

Whatever one’s views on gay marriage, it is appropriate — in a sense — that this issue, which was illegitimately thrust onto the scene by willful judges at the state level, has now been illegitimately advanced by willful judges at the federal level.  Accordingly, gay marriage has been propelled forward at the expense of the separation of powers, and of applying state constitutions, and now the federal Constitution, as written.  Even the policy’s advocates should view this as an unduly high price to pay.

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Christie on Supreme Court: 'I Don’t Think the Ruling Was Appropriate'

6:10 AM, Jun 27, 2013

New Jersey governor Chris Christie thinks the Supreme Court made the wrong decision, Maggie Haberman of Politico reports:

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Marriage Politics After U.S. v. Windsor

4:20 PM, Jun 26, 2013

The Supreme Court’s rulings on gay marriage effectively leave the issue very much alive in state and national politics. The four justices appointed by Presidents Clinton and Obama clearly would declare a constitutional right to same-sex marriage in a heartbeat, if they were to get a fifth vote.

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Clinton Hails Supreme Court Overturning Law He Signed

11:30 AM, Jun 26, 2013

President Bill Clinton released a statement, together with his wife Hillary Clinton, hailing the Supreme Court's decision to overturn the Defense of Marriage Act, a bill he signed into law in 1996.

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Strange New Respect for Chief Justice Roberts View of ‘Standing’?

11:12 AM, Jun 26, 2013

Much will be written about Chief Justice Roberts's opinion for the court in Hollingsworth v. Perry, holding that supporters of California's Proposition 8 lacked constitutional "standing" to defend in federal court California's ballot initiative against same-sex marriage. (Whether or not same-sex marriage will destroy traditional marriage someday, it's certainly destroying Twitter this morning.) But one ironic twist deserves immediate mention.

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Obama Calls Plaintiffs While Being Interviewed on MSNBC

10:23 AM, Jun 26, 2013

President Obama called the plaintiffs of the Prop. 8 Supreme Court case while they were being interviewed on MSNBC:

Everyone said they were proud of each other, and thanked each other for their support.

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Supreme Court: 'DOMA Singles Out a Class of Persons Deemed By a State Entitled to Recognition and Protection to Enhance Their Own Liberty'

9:10 AM, Jun 26, 2013

A key line from the Supreme Court's decision on the Defense of Marriage Act. "DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty."

More from the majority opinion, written by Justice Kennedy:

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The Capobiancos' Indian Summer

The Supreme Court rules on the 'Baby Veronica' case.
2:53 PM, Jun 25, 2013

In terms of the “optics,” it doesn’t look good when you initiate a lawsuit against “Baby Girl.” But don’t let that fool you into thinking that the Capobianco family of South Carolina, who launched the lawsuit “Adoptive Couple versus Baby Girl,” and who won today at the Supreme Court, were in the wrong. They simply wanted to get their adoptive baby back. And after a three year legal battle, they have finally won. 

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Obama: Supreme Court Decision a 'Setback,' Says He's 'Deeply Disappointed'

11:03 AM, Jun 25, 2013

In a statement, President Obama called today's Supreme Court decision on the Voting Rights Act a "setback."

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Affirmative Action Case Sent Back to Lower Court

9:42 AM, Jun 24, 2013

The Associated Press reports:

The Supreme Court has sent a Texas case on race-based college admissions back to a lower court for another look.

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This Won’t Turn Out Well

The IRS prepares to enforce Obamacare’s contraception mandate.
Jun 17, 2013

On August 1, the one-year “safe harbor” for religious charities objecting to provisions of Obamacare will end. Starting then, these nonprofit employers will be forced to violate their religious beliefs or pay large fines. In charge of collecting the fines will be our recently newsworthy friends at the Internal Revenue Service.

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Justice Scalia vs. Justice Roberts

A dispute among conservatives over the ­administrative state.
Jun 17, 2013

Last month, in City of Arlington, Texas v. Federal Communications Commission, the Supreme Court’s five judicial conservatives divided on a question concerning the relationship between federal courts and federal regulators. Justice Scalia wrote the decision for a majority that included Justice Thomas, and Chief Justice Roberts wrote the only dissent in the case, which was joined by Justices Alito and Kennedy.

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Thomas Perez Makes a Deal

How Obama’s Labor nominee made a Supreme Court case disappear
May 27, 2013


On November 7, 2011, the Supreme Court decided to hear Magner v. Gallagher, a case about racial discrimination in housing. Oral argument was scheduled for February 29, 2012. But shortly before that, on February 10, the case was dismissed. 

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