Antonin Scalia

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In Battle of &#39;Two Stooges,&#39; Kennedy Beats Scalia
In Battle of 'Two Stooges,' Kennedy Beats Scalia
OPINION

In Battle of 'Two Stooges,' Kennedy Beats Scalia

Andrew Koppelman: DOMA opinion is mess, but to so is the 'fun' dissent

(Newser) - Antonin Scalia's scathing dissent to Anthony Kennedy's DOMA decision has drawn lots of attention because of lines like the one dismissing it as "legalistic argle-bargle." The thing is, Scalia is correct—Kennedy's opinion is a mess, writes Andrew Koppelman at Salon . But so is Scalia'...

Supreme Court DNA Ruling Has Scary Echoes of Gattaca

Decision opens path to swabbing without suspicion: Noah Feldman

(Newser) - In a 5-4 decision yesterday , the Supreme Court ruled that those arrested for "serious crimes" can have DNA samples taken from their cheeks—even without suspicion. And that "represents a major step toward a Gattaca world," writes Noah Feldman at Bloomberg . In short, evidence can now be...

Supreme Court Upholds DNA Swabs of Those Under Arrest

Not a violation of 4th Amendment

(Newser) - DNA swabbing the cheek of a person arrested—but not yet convicted—for a "serious offense" is just as acceptable as fingerprinting and photographing that person, the Supreme Court ruled today. Such DNA swabs do not violate a person's Fourth Amendment protection from unreasonable searches, the justices found....

Court Sounds Skeptical About DOMA

Kennedy seems concerned that it violates states' rights

(Newser) - The Supreme Court has concluded its oral arguments on the Defense of Marriage Act (the second half of its gay marriage double bill ), and most observers think things are looking bad for the 1996 law; in a tweet , SCOTUSblog predicted that the court was "80% likely to strike...

High Court Split in Gay Marriage Questioning

SCOTUSblog predicts a no-decision

(Newser) - The Supreme Court has finished hearing the arguments in the Proposition 8 case, and prognosticators are busy reading the tea leaves for what it might be thinking. Here's what went down:
  • Ruth Bader Ginsberg, Elena Kagan, Sonia Sotomayor, and, perhaps surprisingly, John Roberts, peppered Charles Cooper, the lead attorney
...

High Court Looks Poised to Gut Voting Rights Act

Conservative justices sound skeptical it's still necessary

(Newser) - If today's questions from the conservative wing of the Supreme Court are any guide, the landmark Voting Rights Act of 1965 is doomed. In fact, writes Tom Goldstein at SCOTUSblog , expect a 5-4 decision in favor of striking down Section 5 of the act, one of its core provisions....

Stars, Westboro, and Scalia&#39;s Weird Hat
 Stars, Westboro, 
 and Scalia's Weird Hat 
INAUGURATION SCENES

Stars, Westboro, and Scalia's Weird Hat

Diminished (but still huge) crowd sees Beyonce, poetry, and those jerks from Westboro

(Newser) - Roughly 600,000 people came out to watch President Obama's inauguration this year, which is a far cry from the 1.8 million who came out for his first one, but might nonetheless set a record for a second term inauguration. A look at what all those people saw:...

Scalia Spars With Student on Gay Rights

Duncan Hosie asks justice how he can equate sodomy and murder

(Newser) - A Princeton freshman took Antonin Scalia to task yesterday, asking the Supreme Court justice how he can compare sodomy to bestiality and murder in his writings. "I don't think it's necessary, but I think it's effective," Scalia told the student during a question and answer...

Judge Scalia: Constitution Doesn't Allow Gay 'Sodomy'

Supreme Court justice also dishes on death penalty, abortion

(Newser) - Hot-button constitutional issues? No problem, says Justice Antonin Scalia—who supports the death penalty, opposes abortion, and believes in criminalizing gay sex. "The death penalty? Give me a break. It's easy," he said to a few hundred people gathered at the American Enterprise Institute. He described his...

2 in 3 Americans Can't Name One Supreme Court Justice

John Roberts is best-known at 20%

(Newser) - Nine people helped determine the fate of ObamaCare this year—and most Americans can't name a single one. Two-thirds of us are unable to name a Supreme Court justice, according to legal website FindLaw.com's poll of 1,000 people. Chief Justice John Roberts was the most familiar...

Scalia: You Can&#39;t Call a Penalty a Pig
 Scalia: 
 You Can't Call 
 a Penalty a Pig 
TALK SHOW ROUNDUP

Scalia: You Can't Call a Penalty a Pig

Or put lipstick on it.

(Newser) - Antonin Scalia is still fired up about the Supreme Court's refusal to overturn ObamaCare, appearing on Fox News Sunday to decry the majority opinion that the individual mandate is a tax. "You don't interpret a penalty to be a pig," he said, according to Politico . "...

Scalia: Leave John Roberts Alone Already
Scalia: Leave John Roberts Alone Already
INTERVIEW

Scalia: Leave John Roberts Alone Already

Denies Supreme Court infighting over ObamaCare

(Newser) - Antonin Scalia may have disagreed with John Roberts in the court's health care ruling, but he says that disagreement never became personal—and that "it offends me" to hear criticism of Roberts, or any of his colleagues over how they ruled. "No, I haven't had a...

Roberts Court Eschews Politics, Rules as One

NYT study shows court moving in unexpected directions

(Newser) - While the Supreme Court has appeared deeply divided along ideological lines in recent years, its latest term reveals a strikingly different court, often unanimous and aggressive in reviewing the other branches of government, reports the New York Times in an analysis of the last nine months of the Roberts Court....

Scalia a &#39;Caricature&#39; of Himself
 Scalia a 'Caricature' of Himself 
OPINION

Scalia a 'Caricature' of Himself

Paul Campos thinks it's time this 'ranting old man' retires

(Newser) - Antonin Scalia's ranting dissent to yesterday's Arizona immigration ruling was sort of sad, writes law professor Paul Campos at Salon . It was "written by a man who obviously no longer cares that he sounds increasingly like a right-wing talk radio host," and that his opinions are...

Scalia: Arizona Ruling 'Boggles the Mind'

Justice unloads on Obama, even as both sides declare victory

(Newser) - Reactions are flying in to the Supreme Court's decision to strike down much of Arizona's immigration law, but one of the most extreme came from the court itself. Speaking in dissent of the ruling, Antonin Scalia questioned whether Arizona and other states would have even joined the union...

Court Seems Fine With Arizona Immigration Law

Or at least, with parts of it

(Newser) - Today the Supreme Court heard the final arguments in the case over Arizona's controversial immigration law, and it's not looking good for the Obama administration. Justices seemed decidedly skeptical about the Justice Department's central argument that the law impinged on the federal government's power to control...

Justice Kagan: Scalia Taught Me How to Hunt

It's not a metaphor: 'He's made a huntress out of me,' she says

(Newser) - They may be divided when it comes to judicial philosophy, but off the bench, liberal Supreme Court Justice Elena Kagan and conservative Antonin Scalia are ... hunting buddies. While visiting Marquette University, Kagan revealed that Scalia, an avid hunter, hosted her many times on trips to shoot pheasant and quail, reports...

Are Conservatives on Court Guilty of Judicial Activism?

Left thinks so, but right defends Scalia and Co.

(Newser) - Today's big debate on health care reform seems to be whether the Supreme Court's conservatives were acting more like legislators than justices. Voices on the left think so and are raising cries of judicial activism. Pundits on the right disagree. A roundup of samples:
  • EJ Dionne, Washington Post
...

Today&#39;s Arguments Suggest Health Care Law Will Stand
Final Day's Arguments
Might Help ObamaCare
analysis

Final Day's Arguments Might Help ObamaCare

Justices flummoxed about what happens if mandate falls: Lyle Denniston

(Newser) - Court watcher Lyle Denniston at SCOTUSblog thinks today's arguments at the Supreme Court bode well for President Obama's health care law. His reasoning? Most justices seemed worried that if they struck down the central part of the law—the individual mandate requiring everyone to buy insurance—it would...

Supreme Court Bans Warrantless GPS Tracking

Obama administration had argued that tracking cars didn't constitute a search

(Newser) - The Supreme Court ruled unanimously today that the government must obtain a warrant before secretly affixing a GPS tracking device to a suspect's car. The case stemmed from an incident in which the FBI placed a tracker on a DC drug dealer's car, with the Obama administration arguing...

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