SCOTUS By The Wayside Once Again | What’s The Issue With CPP? | Barry O. With The Burn
September 19, 2016
AT BAT
|Adam Liptak with The New York Times covers next month’s Supreme Court case which addresses juror racial bias. The jury deliberations in a 2010 sexual assault trial in Colorado got fairly nasty, with jurors reporting that one of their fellow jurors made several racially charged statements about the defendant during their deliberations. Statements such as, “I think he did it because he’s Mexican, and Mexican men take whatever they want.” Sometimes it isn’t a matter of 12 Angry Men; sometimes it’s only a matter of one.
BUSTED BIG TIME
|Last week, The Guardian shared a report which revealed the enormous power of money in politics, with the spotlight shining brightly on GOVERNOR SCOTT WALKER and the state of Wisconsin. Following this report, Michael Wines with The New York Times noted that the emails included in the report also stand as the “latest example of Republican candor over voter ID laws.” These laws are often thought to be a political tactic to keep one’s opponents (typically Democrats) from casting ballots — something even Republicans have been inclined to agree with.
ED BOARD OVERTURE
|The Editorial Board for The New York Times addressed the controversy surrounding GOVERNOR WALKER saying, “Versions of this sad story are playing out across the country, thanks in large part to the Supreme Court’s 2010 Citizens United decision.”
BY THE WAYSIDE
|Could it be that the Supreme Court will actually be a major issue in the presidential election? Last week, it seemed so. From the PETER THIEL rumors to HILLARY CLINTON flirting with the idea that MERRICK GARLAND might not be her man, the stars seemed to be aligned for those most concerned with the future of SCOTUS. Unfortunately, as Buzzfeed’s Chris Geidner reports, in almost no time at all “the Supreme Court, once again, fell to the wayside.”
OHHH BURN
|Saturday, PRESIDENT BARACK OBAMA in a White House video once again hammered home his frustration with Republicans in Congress for their inaction on issues ranging from the Supreme Court, to Zika funding, to aid for Louisiana’s recovery from torrential floods. “I’ve delivered a few hundred of these video addresses over the years. And you may have noticed a theme that pops up pretty often: The Republicans who run this Congress aren’t doing their job.”
WHAT'S DONE IS DONE
|Well, not for a 94-year-old African-American federal appeals court judge in Ohio. For Bloomberg, Noah Feldman reports on JUDGE DAMON KETIH who gave a history lesson of sorts in an usual, extraordinary dissent.
POOR MERRICK
|Reason’s Damon Root: “Poor MERRICK GARLAND. First, Republican lawmakers refused to act on Garland’s nomination to replace the late JUSTICE ANTONIN SCALIA on the U.S. Supreme Court. Now, with the presidential election less than two months away, Democratic candidate HILLARY CLINTON is dropping hints that if she wins Garland can kiss his SCOTUS chances goodbye forever.”
RUNNING BLIND IN TRUTH
|According to JUSTICE ELENA KAGAN, having an eight-member Supreme Court isn’t exactly a sustainable long-term strategy. “Over time, that’s a problem.” At an appearance last week at Harvard Law School, she said the court has decided some cases only by narrowing the issue so much that it left undecided the real reason the court took up the dispute in the first place.
SO WHAT'S THE PROBLEM?
|“The 27 states challenging Obama’s Clean Power Plan in court say the lower emissions levels it would impose are an undue burden. But most are likely to hit them anyway.” Nichola Groom and Valerie Volcovici with Reuters report on the current legal fight over PRESIDENT OBAMA‘s CPP, and what we can expect in the coming months.
A MAN NEVER TRIFLES
|With gals who carry rifles. Joe Palazzolo for The Wall Street Journal reports the U.S. Court of Appeals for the D.C. Circuit will hear arguments tomorrow in two cases that target the very heart of Second Amendment law. The cases ask: “Is there a constitutional right to carry a handgun outside the home? And if so, how much can the government limit that right?” Yet to be determined if they’ll weigh in on whether a gal can get a man with a gun.
LAST NIGHT IN HOLLYWOOD
|Presidential politics was one of the stars of the Emmy Awards. DONALD TRUMP‘s name may have been mentioned more times than the repeated, “And the Emmy goes to…” Perhaps more importantly, the Supreme Court got a shoutout, which almost never happens in Tinseltown. When MARK BURNETT — the man responsible for casting Trump in “The Apprentice” — accepted an award for one of his shows, “The Voice,” he and host JIMMY KIMMEL joked that the series’ stars might one day be future Supreme Court nominees. Only opera singers allowed if RBG is to have her way.
OTHER NEWS
Justices to Tackle Insider Case Oct. 5
BloombergBNA“Does a person who leaks inside information have to receive a tangible personal benefit for someone who trades on the tip to be liable for insider trading? The U.S. Supreme court is poised to hear debate on the topic Oct. 5, two days after it returns for its 2016-2017 session.”
La Supreme Court considers teen robber's 99-year sentence
The Associated Press“Louisiana’s Supreme Court is considering whether recent U.S. Supreme court rulings about juveniles convicted of murder mean a juvenile robber’s 99-year sentence is unconstitutional.”