SCOTUS SAYS NO TO NET NEUTRALITY CHALLENGE | Climate Change Case To Move Forward | Senate Judiciary Committee Say No Evidence Of Kavanaugh Misconduct
November 5, 2018
HEY, GOOGLE
|The Supreme Court today refused to hear an important case over the future of the Internet, rejecting a petition regarding net neutrality regulations that were adopted during the Obama administration. Those regulations allowed the federal government to regulate high-speed internet delivery as a utility like any other (phones, water, etc.). The SCOTUS inaction today leaves in place a lower court ruling upholding the Obama-era regulations and will help ensure the internet remains free and open.
FOR THE LOVE OF GOD
|ICYMI, the Supreme Court on Friday agreed to take up a case over a 40-foot cross in the middle of a busy intersection outside Washington that was erected as a World War I memorial. Justices will have to review a case that found the Peace Cross in Bladensburg, Maryland violates the Constitution because it endorses a particular religion. They will hear the case next year and rule before the end of the term in June.
FULL STEAM AHEAD
|Also Friday, justices declined to stop from moving forward the groundbreaking case brought by young activists about climate change. Brent Kendall with The Wall Street Journal reports that in a three-page order, the Supreme Court said it wouldn’t postpone the trial on whether the federal government is violating young people’s constitutional rights by not doing more to combat climate change. SCOTUS did leave open the option for the Trump administration to try blocking the case again, but for now, the trial can go ahead and get back on track.
LOCKED AND LOADED
|Today, SCOTUS decided not to hear a case challenging California’s concealed carry law as being unconstitutional. Lydia Wheeler with The Hill writes, “The law allows each city and county the power to issue a written policy setting forth the procedures for obtaining a concealed-carry license for good cause. It also allows retired police officers to obtain concealed carry permits without having to show ‘good cause.'”
SEE NO EVIL
|Over the weekend, the Senate Judiciary decided to drop a 414-page report in which committee members say they found no supporting evidence for any of the allegations of sexual misconduct made against Supreme Court JUSTICE BRETT KAVANAUGH ahead of his confirmation.
POD DU JOUR
|On the new episode of First Mondays, hosts Dan Epps and Ian Samuel talk about the recently revealed SCOTUS-related wedding proposal, the Supreme Court’s headwear rules, and some proposed changes to the high court’s rules. The pod’s description notes: “As a famous failed Supreme Court nominee once said, it’s an ‘intellectual feast.’ Grab a fork and dig in!” Don’t mind if we do!
OTHER NEWS
Supreme Court To Consider Virginia Uranium Case That Divides A Rural County
The Washington Post“The legal dispute spins off into directions as unexpected as finding uranium on an old Virginia plantation. It pits a state’s right to regulate industry against the federal government’s power to oversee matters of national interest. The Trump administration has sided with the company, and against the state exercising what it considers its sovereignty. The case also hinges on trying to intuit the true motives of Virginia legislators more than 30 years ago when they enacted the moratorium.”
Supreme Court's Proposals Would Affect Recusals, Word Counts
Bloomberg Law“The U.S. Supreme Court’s proposed changes to help justices make decisions about recusals would be welcome, court watchers told Bloomberg Law Nov. 1. But proposals to reduce the maximum word count for briefs received mixed reviews from appellate practitioners, with some calling the proposed changes ‘challenging.'”
Kavanaugh Will Forgo Traditional Walk Down Supreme Court Steps
Bloomberg“A formal ceremony next week at the U.S. Supreme Court for new Justice Brett Kavanaugh won’t include the traditional walk down the court’s front steps, the court’s spokeswoman said Friday, citing security concerns. New justices normally walk down the court’s steps with the chief justice, providing an iconic photo opportunity, after their formal investiture ceremony at the court. Every new justice has done it since John Paul Stevens, who joined the court in 1975, said spokeswoman Kathy Arberg.”
How 'Net Neutrality' Became A Hot-Button Issue
The Associated Press“For a fundamentally nerdy subject, net neutrality is pushing a lot of political buttons. The latest salvo is over a California law that restores a ban on cable, wireless and other broadband providers from impeding people’s ability to use their favorite apps and services. The federal government had rescinded that ban, and the Trump administration is seeking to block California’s effort as an imposition on federal prerogatives.”