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natedurrett

Two sides gearing up for another Supreme Court battle over health care - The Washington... - 0 views

www.washingtonpost.com/...4-9271-610273846239_story.html

health care supreme court judge court battle health

shared by natedurrett on 03 Mar 15 - No Cached
  • Washington lawyer Michael A. Carvin will be back at the Supreme Court on Wednesday for the second great battle over the Affordable Care Act
  • since the Supreme Court ruled 5-4 in 2012 to uphold the constitutionality of the measure, devastating those who wanted the justices to strike down the nearly 1,000-page law in its entirety.
  • “The thing’s working. And there’s in our view not a plausible legal basis for striking it down,” he said. “But, you know, we’ll have to wait and see what the Supreme Court decides.”
  • ...3 more annotations...
  • Simplified, the case, King v. Burwell, comes down to those four words in the text — “established by the state” — and whether justices must place those words in the context of the entire bill
  • “I do find it interesting that there’s been this conservative-led effort to kill this bill through the courts,” she said. The groups seem to be operating under the theory that “the courts are sort of an untapped resource for pursing the conservative agenda.”
  • Big business was active in opposing the law in the last fight.
  • natedurrett on 03 Mar 15
     
    Liberals are battling conservatives for the second time over Obama's controversial health care plan and his affordable health care act. 
paigedeleeuw

Supreme Court won't hear Louisiana gay marriage case - 0 views

www.usatoday.com/...21465853

shared by paigedeleeuw on 04 Mar 15 - No Cached
  • The Supreme Court denied a plea from gay and lesbian couples in Louisiana on Monday that it consider striking down the state's ban against same-sex marriage.
  • a district court ruling upholding the ban there first must be challenged in a federal appeals court,
  • Supreme Court experts believe the justices will agree to hear a case during its current term.
  • ...3 more annotations...
  • .S. Court of Appeals for the 6th Circuit upholding four states' marriage bans created a split among the nation's appellate courts that only the high court can resolve.
  • 70% of Americans live in states where same-sex marriage is allowed.
  • he state argued that the high court should choose its case because of "the traditional definition of marriage that is reflected consistently across Louisiana's family laws," as well as "to consider a wider range of marriage laws, defended by a wider array of legal arguments."
Joanne Kim

Supreme Court To Hear Holt V Hobbs - Business Insider - 3 views

www.businessinsider.com/rt-to-hear-holt-v-hobbs-2014-9

religious discrimination supreme court

shared by Joanne Kim on 10 Oct 14 - No Cached
  • That case was brought by a Muslim inmate named Gregory Houston Holt who claims his prison violated his religious rights by refusing to let him grow a beard as his faith requires. 
    • Joanne Kim
      Joanne Kim on 11 Oct 14
       
      Does prisoners still deserve religious rights?
  • Last term, the Supreme Court ruled that corporations have religious rights when it found some employers didn't have to pay for insurance that covered birth control. This is a different twist on the topic of religious freedom.
    • Joanne Kim
      Joanne Kim on 11 Oct 14
       
      Will the supreme court take the side of the religion when the case is about prisoners too?
  • Joanne Kim on 11 Oct 14
     
    I thought this court case is very interesting in that it deals with religious rights verses safety problems in prison.
  • danielacon on 13 Oct 14
     
    I think the with the case of the beard it could be dangerous to allow inmates to have a long beard because it could endanger people's lives especially since it's a prison. I don't think they should allow inmates to have long beards because inmates who are not religious could easily say that they are Muslims and use that to their advantage.
sebasgm

Same-Sex Marriages Begin in the South - ABC News - 0 views

abcnews.go.com/...marriages-begin-south-26011197

shared by sebasgm on 10 Oct 14 - No Cached
    • sebasgm
      sebasgm on 10 Oct 14
       
      This is beginning to change the civil rights for gay couples and starting to lead to more equality in the south. This is significant considering how the south is so conservative. 
  • The U.S. Supreme Court's decision Monday to turn away appeals from a handful of states including Virginia means marriage bans are unconstitutional throughout the 4th U.S. Circuit.
  • West Virginia and North and South Carolina
  • ...6 more annotations...
  • conservatives seem determined to fight to the bitter end.
    • sebasgm
      sebasgm on 10 Oct 14
       
      It is still possible that other Supreme Court cases will find different results, leading to less equality for gays.
  • "We'll accept same-sex marriage just like we accepted desegregation and the end of slavery," Ferris added. "These other barriers that have burdened us for too long are coming down and the people in the South are open to change."
  • These court rulings can't help but "change the culture of the South," said the Rev.
  • "left Virginians without a definitive answer."
  • Attorney Byron Babione of the Alliance Defending Freedom, which represented two Virginia clerks in their appeal, noted that it's still possible that another federal case will reach the Supreme Court and produce a different result.
  • sebasgm on 10 Oct 14
     
    Same-Sex marriages begin in the south as the U.S. Supreme Court's decision to turn away appeals from states means marriage bans are unconstitutional.
  • Joanne Kim on 11 Oct 14
     
    I agree that banning same sex marriage is unconstitutional and I think this would be a start to more and more states allowing same sex marriage
  • paigedeleeuw on 11 Oct 14
     
    I've noticed that there are a lot of people who chose to discuss the topic of same-sex marriage. It's understandable for it to be unconstitutional for marriage to be banned whether it is between a man and a women, or of those who are of the same sex. Recently many states have abolished their laws against same-sex marriages. States such as Idaho and Nevada have just legalized gay marriage.
Jason Friedman

Race and the Supreme Court : SCOTUSblog - 2 views

www.scotusblog.com/...race-and-the-supreme-court

scotus civil rights

shared by Jason Friedman on 14 Oct 15 - No Cached
  • Argument analysis: When an empty chair may count the most – Lyle Denniston
    • Jason Friedman
      Jason Friedman on 14 Oct 15
       
      Hey, this is a great article to read.
  • Jason Friedman on 14 Oct 15
     
    You are right. I agree.
bubb1erat

Wisconsin Supreme Court Gives Good News To Scott Walker - 0 views

www.huffingtonpost.com/...ce_us_55a7d1aae4b0896514d079b9

shared by bubb1erat on 23 Mar 16 - No Cached
  • bubb1erat on 23 Mar 16
     
    It is interesting that he was investigated by the supreme court. I feel that it raised suspicion since the people had tried to recall him so much so he was under extra scrutiny from the public.
bennordpaskin

No workplace discrimination laws for gays | WyomingNews.com - 0 views

www.wyomingnews.com/...19local_10-16-14.txt

workplace discrimination gays

shared by bennordpaskin on 17 Oct 14 - No Cached
  • bennordpaskin on 17 Oct 14
     
    This article emphasizes how there is a misrepresentation in anti-discriminatory laws benefiting people of differing sexualities. It makes it very obvious that even though the Supreme court won't hear any cases on the disallowance oh HBTQ peoples right to marry, there is a need for legislation defining HBTQ rights.
natedurrett

This Alabama Judge Has Figured Out How to Dismantle Roe v. Wade - ProPublica - 2 views

www.propublica.org/...ut-how-to-dismantle-roe-v-wade

alabama judge how to roe wade supreme court

shared by natedurrett on 11 Oct 14 - No Cached
  • Before his election to Alabama’s highest court, Parker had been an aide-de-camp to Chief Justice Roy Moore, whose installation of a granite Ten Commandments monument in the state judiciary building had touched off what became for Alabama both a considerable embarrassment and a genuine constitutional crisis.
  • A DVD of the session shows him gripping the lectern, dressed in a gray suit and blue tie, as he railed against the perceived sins of jurists at every level. “It’s the judges who have legalized abortion and homosexuality … They are shaking the very foundation of our society.”
  • Parker has been the most creative in his relentless campaign to undermine legal abortion.
  • ...4 more annotations...
  • Again and again, he has taken cases that do not directly concern reproductive rights, or even reproductive issues, and found ways to use them to argue for full legal status for the unborn.
  • Those efforts have made Parker a pivotal figure in the so-called personhood movement, which has its roots in a loophole in Roe v. Wade.
  • During oral arguments, the justices had asked Roe’s lawyer what would happen if a fetus were held to be a person under the Constitution.
  • “If this suggestion of personhood is established, [Roe’s] case, of course, collapses, for the fetus’ right to life would then be guaranteed.”
  • natedurrett on 11 Oct 14
     
    Alabama Judge challenges pro-choice by stating that fetuses should have full rights as citizens of the US
paigedeleeuw

The Public Interest Standard in Television Broadcasting | Benton Foundation - 2 views

benton.org/...sec2

shared by paigedeleeuw on 29 Oct 14 - No Cached
  • Federal oversight of all broadcasting has had two general goals: to foster the commercial development of the industry and to ensure that broadcasting serves the educational and informational needs of the American people.
  • Congress and the Federal Communications Commission (FCC) have sometimes concluded that the broadcast marketplace by itself is not adequately serving public needs. Accordingly, numerous efforts have been undertaken over the past 70 years to encourage or require programming or airtime to enhance the electoral process, governance, political discourse, local community affairs, and education. Some initiatives have sought to help underserved audience-constituencies such as children, minorities, and individuals with disabilities.
  • As competition in the telecommunications marketplace becomes more acute and as the competitive dynamics of TV broadcasting change, the capacities of the free marketplace to serve public ends are being tested as never before.
  • ...18 more annotations...
  • A recurring challenge for Congress and the FCC has been how to reconcile the competitive commercial pressures of broadcasting with the needs of a democracy when the two seem to be in conflict. This struggle was at the heart of the controversy that led to enactment of the Radio Act of 1927 and the Communications Act of 1934.(1)
  • Under the antiquated Radio Act of 1912, the Secretary of Commerce and Labor was authorized to issue radio licenses to citizens on request.(2) Because broadcast spectrum was so plentiful relative to demand, it was not considered necessary to empower the Secretary to deny radio licenses.
  • ongress expanded the deregulatory approach of the 1980s with its enactment of the Telecommunications Act.(38) Among other things, the Act extended the length of television broadcast licenses from 5 years to 8 years(39) and instituted new license renewal procedures that made it more difficult for competitors to compete for an existing broadcast license.(40) The Telecommunications Act also lifted limits on the number of stations that a single company could own, a rule that historically was intended to promote greater diversity in programming.(41)
  • From the beginning, broadcast regulation in the public interest has sought to meet certain basic needs of American politics and culture, over and above what the marketplace may or may not provide. It has sought to cultivate a more informed citizenry, greater democratic dialogue, diversity of expression, a more educated population, and more robust, culturally inclusive communities.
  • why public interest obligations have been seen as vital to broadcast television—and why a marketplace conception of free speech may meet many, but not all, needs of American democracy.
  • Opportunity for local self-expression. The development and use of local talent. Programs for children. Religious programs. Educational programs. Public affairs programs. Editorialization by licensees. Political broadcasts. Agricultural programs. News programs. Weather and market services. Sports programs. Service to minority groups. Entertainment programming.
  • The 1934 Act, which continues to be the charter for broadcast television, ratified a fundamental compromise by adopting two related provisions: a ban on "common carrier" regulation (sought by broadcasters) and a general requirement that broadcast licensees operate in the "public interest, convenience and necessity" (supported by Congress and various civic, educational, and religious groups).(3) The phrase was given no particular definition; some considered it necessary for the Federal Government's licensing powers to be considered constitutional.(4)
  • If a broadcast licensee airs an editorial that either endorses or opposes a legally qualified candidate, the licensee must notify all other candidates for that particular office within 24 hours, provide them with a script or tape, and offer them a "reasonable opportunity to respond through the use of the licensee's broadcast facilities.
  • the chief legal vehicle for citizens to gain direct access to the airwaves -- or hear diverse viewpoints on controversial public issues -- was the Fairness Doctrine. The principles behind the Fairness Doctrine were first expressed in 1929 in guidelines issued by the FRC, with regard to Great Lakes Broadcasting Co.(50) That Commission statement affirmed the need for broadcasters to serve a diverse public with well- rounded programming.
  • the FCC held in the Mayflower ruling in 1941 that a broadcast station could never editorialize because it would flout the public interest mandate that all sides of a controversial issue be fairly presented. Licensees, the FCC said, must present "all sides of important public questions fairly, objectively and without bias."(51)
  • For decades, the Fairness Doctrine was seen as a primary feature of the public interest standard.
  • In 1963, the FCC formally articulated the principle that the presentation of only one side of an issue during a sponsored program (such as an attack on the proposed Nuclear Test Ban Treaty) required free airtime for opposing views -- a rule known as the Cullman Doctrine.(59) Cigarette advertising, and later, controversial advertising in general, also became subject to the Fairness Doctrine.(60) In 1967 the Commission formalized its "personal attack rule" and political editorial policies in specific and specialized rules.(61)
  • Localism was one reason why Congress enacted the 1962 "all-channel" law -- a law that required that all television receivers be capable of receiving both VHF and UHF signals. The idea, according to a House committee report, was to "permit all communities of appreciable size to have at least one television station as an outlet for local self-expression."(77) With varying degrees of success, the FCC has also sought to promote locally originated programming through the Prime Time Access Rule (a rule that once limited networks to 3 hours of programming during primetime, but has since been repealed) and through policy statements that mention local news and public affairs programming as inherent to the public interest stan- dard.(78)
  • The bond between broadcasters and their local communities was given a new and stronger dimension in the 1960s as a result of United Church of Christ v. FCC.(79) In 1964, after the station owner of WLBT in Jackson, Mississippi, aired a program urging racial segregation but refused to air the views of civil rights activists or even to meet with them, the United Church of Christ and others petitioned for legal standing to challenge the renewal of WLBT's broadcast license. A Circuit Court ruling in 1966 held that citizens have the right to participate in the FCC license renewal process.
  • A primary objective and benefit of our Nation's system of regulation of television broadcasting is the local origination of programming. There is a substantial governmental interest in ensuring its continuation.
  • the Supreme Court in Turner Broadcasting v. FCC recognized Congress's rationale and upheld the must-carry rules as consistent with the First Amendment
  • The Telecommunications Act of 1996 encouraged the television industry to develop a voluntary ratings system that allows parents to assess the suitability of programming for their children.
  • Congress has recognized the public interest in expanding captioning access through two key legislative acts. The Television Decoder Circuitry Act (TDCA), passed in 1990, requires all television sets with screens 13 inches or larger manufactured or imported into the United States after July 1, 1993, to display closed captions through a "decoder chip" built into the sets.
  • kyrranielson on 29 Oct 14
     
    I think that if "broadcasters are meant to act as trustees for the public interest, then a corollary is that they must affirmatively present a wide diversity of perspectives." In my opinion, this is fantastic for all other means than politics. I think that both sides of an arguement should be presented publicly. I don't think that a Republican should just watch what the republican candidates are discussing but also look at the side of the Democrat to have a well-rounded political knowledge.
charlito_love

Scott Walker wins Wisconsin recall election - 1 views

www.cbsnews.com/...wins-wisconsin-recall-election

ap government walker wisconsin recall elections

shared by charlito_love on 25 Mar 15 - No Cached
  • First-term Republican Gov. Scott Walker has survived the Wisconsin recall election, beating back a labor-backed effort to unseat him and again handing defeat to his Democratic challenger, 58-year-old Milwaukee Mayor Tom Barrett.
  • With 94 percent of the expected vote in, Walker led Barrett 54 percent to 45 percent.
  • the state remains divided
  • ...28 more annotations...
  • the first governor in U.S. history to survive a recall election
  • the election is over, it's time to move Wisconsin forward."
  • bringing our state together will take some time, no doubt about it,
  • he planed to hold a meeting with the entire state legislature next week.
  • has doubled as a proxy fight over whether Republicans can push through spending cuts and confront organized labor - and live to tell about it.
  • I believe that in November voters across the country will demonstrate that they want the same in Washington, D.C.,
  • exit polls showed Barrett winning handily among union households, while Walker dominated among Tea Party voters. Walker also won by 9 points among independents. The polls showed Walker winning with men and those making more than $50,000, and Barrett winning among women and those making less than $50,000 per year.
  • candidates and outside groups spent in excess of $63 million on the recall election
  • Walker and his Republican allies spent $45.6 million on the race as of May 21, while Barrett and his allies have spent $17.9 million.
  • estimated 2.8 million people expected to cast ballots.
  • The Walker campaign said in response to the reports that "any accusation that our campaign is making those calls is categorically false and unfounded."
  • exit polls found that 52 percent of voters in Wisconsin approve of how Walker has handled the issue of collective bargaining, and 54 percent approve of how he has handled job creation. Fifty-two percent said they approved of the recent changes to state law that limits collective bargaining for government workers, while 47 percent disapproved of these changes.
  • favorable view of unions for government workers
  • 45 percent have an unfavorable opinion of these unions.
  • The Romney campaign said the former Massachusetts governor called Walker to congratulate him Tuesday evening.
  • Part of the disparity can be explained by the fact that Walker, as a sitting governor facing
  • isconsin law.
  • The rest of the spending in the race has been from outside ideological groups.
  • he newly-elected governor, who had defeated Barrett in the 2010 election, released a budget plan that proposed elimination of most public employee bargaining rights.
  • Wisconsin Senate Democrats even temporarily fled the state in an ultimately futile effort to keep Walker's plan from being passed.
  • recall elections are only appropriate for official misconduct.
  • Divide and conquer works."
  • Republicans called the race a test of whether they can push through the difficult reforms needed to deal with massive federal, state and local budget deficits.
  • exit polls found that Mr. Obama led Romney 51 percent to 44 percent among voters in the recall election.
  • The power of Wisconsin's progressive, grassroots tradition was clearly on display throughout the run up to this election and we will continue to work together to ensure a brighter future for Wisconsin's middle class.
  • Walker's victory suggests that the newly-legal unlimited spending by super PACs and other outside groups - which was unleashed by a pair of recent Supreme Court decisions, including Citizens United
  • his victory will elevate him to superstar status among conservatives and likely prompt talk of a future presidential run.
  • In a fourth state Senate recall election, Republicans were leading. If Democrats were able to triumph in any of the state senate elections, they would win a majority in the Wisconsin Senate and be able to block Walker's agenda even though he remains in office.
  • bennordpaskin on 25 Mar 15
     
    This is a news article concerning the attempted recall of Wisconsin governor Scott Walker. This article contrasts the idea that every legislative race, no matter how big or small, reflects politics on a national level. In this particular race, it is notable that parties argued as to wether or not this race was any indication as to the potential outcome of 2012 general elections, and whether or not it might have been possible for Mitt Romney to win the state of Wisconsin from Obama. Noted, the article makes reference to exit polls that indicated Obamas advantage in the state.
  • ...3 more comments...
  • paigedeleeuw on 25 Mar 15
     
    " 03 German passenger jet crashes in France 86630 views 04 Pregnant woman killed in California construction accident 56744 views 05 Hope for clues, but more bad news from France crash 54343 views Watch CBSN Live Watch CBS News anytime, anywhere with the new 24/7 digital news network. Stream CBSN live or on demand for FREE on your TV, computer, tablet, or smartphone. Watch Now play VIDEO How men and women remember events differently PreviousNext Most Shared Dogs rescued from Korean dog meat farm transported to California Dr. Dean Ornish on the "myth" of high protein diets German passenger jet crashes in France Deaf child hears mother's voice, does "happy dance" Ultrasounds show fetuses react to mothers' smoking 27 PHOTOS Additions to National Recording Registry (Photos + audio) PreviousNext CBSNews.com Site Map Help Contact Us CBS Bios Careers Internships Development Programs CBS Interactive Privacy Policy Terms of Use Mobile User Agreement About CBS Advertise Closed Captioning Follow Us Facebook Twitter RSS Email Newsletters YouTube CBS Radio News CBS Local CBS News Copyright © 2015 CBS Interactive Inc. All rights reserved. Search Edit bookmark PrivateRead LaterCache Recent Tags: Savecancel "
  • sebasgm on 25 Mar 15
     
    A summary of what happened during the election and the actions Walker took when faced with the recall.
  • bubb1erat on 23 Mar 16
     
    With a dominant 54%, Walker handily retained the governors office.
  • eleanorthorp on 23 Mar 16
     
    This article seems to favor Walker but gives the general idea of why he survived the recall
  • charlito_love on 24 Mar 16
     
    Walker wins recall this is important because republicans have said this was a test for walker and his political career, while on the other hand even though democrat president Obama won Wisconsin in 2008 earlier with a point lead.
campbellcondon

40 UCLA Law Review 1992-1993 Cripples, Overcomers, and Civil Rights: Tracing the Evolut... - 1 views

heinonline.org/...LandingPage

UCLA ap government Supreme court

shared by campbellcondon on 10 Oct 14 - No Cached
  • campbellcondon on 10 Oct 14
     
    CRIPPLES, OVERCOMERS, AND CIVIL RIGHTS: TRACING THE EVOLUTION OF FEDERAL LEGISLATION AND SOCIAL POLICY FOR PEOPLE WITH DISABILITIES Jonathan C. Drimmer* INTRODUCTION ........................................... 1342 I. THE MODELS OF INTERPRETATION ................... 1345 A. The Medical Model ............................... 1347 B. The Social Pathology Model ....................... 1348 C.
bennordpaskin

Tinker v. Des Moines Independent Community School District | The Oyez Project at IIT Ch... - 3 views

www.oyez.org/...1968_21

Supreme court

shared by bennordpaskin on 30 Sep 14 - Cached
  • bennordpaskin on 30 Sep 14
     
    Armbands and First amendment rights in schools
danielacon

Native Americans - 0 views

www.civilrights.org/...native.html

shared by danielacon on 13 Oct 14 - No Cached
    • danielacon
      danielacon on 13 Oct 14
       
      Native Americans suffer disproportionately high rates of poverty, infant mortality, unemployment, and low school completion rates. 
  • danielacon on 13 Oct 14
     
    Employment Division, Department of Human Resources of Oregon vs. Smith determined that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was part of a religious ritual. Although states have the power to accommodate otherwise illegal acts done in pursuit of religious beliefs, they are not required to do so.
  • danielacon on 13 Oct 14
     
    It is difficult to have a good balance between having too many exceptions and rights. If the Supreme Court were to allow the use of peyote by Native Americans then they would have a tough time winning cases that fight for other religions freedoms. The same thing goes for letting the Native Americans having a form of separated government.
johnnyfoster123

Regents of the Uni v. of Cal. v. Bakke - 0 views

www.law.cornell.edu/...265

shared by johnnyfoster123 on 20 Oct 16 - No Cached
  • johnnyfoster123 on 20 Oct 16
     
    Provides more background on the supreme court case. Allows us to deeply analyze the different opinions presented within the case.
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