All posts in tag: Supreme Court

Dan Farber Justice Thomas declares war on rulemaking

It didn’t get much attention, but Justice Thomas’s dissent two weeks ago in the Amtrak case was extraordinarily radical, even for him. The case involved a relatively obscure issue about the legal status of Amtrak. Justice Thomas used the occasion for a frontal attack on administrative law, including most of … More >

Dan Farber Happy endings and promising starts on the environment

In most ways, 2014 was a good year for environmental protection, with progress on several fronts. True, there are warning signs for 2015 — primarily the Republican sweep of the mid-terms and the Supreme Court’s puzzling decision to review toxics regulations for coal-fired power plants. And of course, there were … More >

Eric Biber This challenge to the Endangered Species Act is a case to watch

The federal Endangered Species Act (ESA) is widely known for being the primary law in the United States that focuses on protecting biodiversity, and also for being a “pit bull” of environmental laws that has few exceptions and broad sweep. (For instance, the ESA was a major component of the … More >

Robin Lakoff Front page Hobby Lobby photo sends faux feminist message

Sometimes a picture is really worth 1,000 words: it can tell a better story than reams of prose. An example appeared on the front page of The New York Times, above an article reporting on the Supreme Court decision in the Hobby Lobby case. A close reading offers an interpretation … More >

Mark Peterson Campaign Finance and the Lessons of 1776

$1776. That’s the amount that Alabama businessman Shaun McCutcheon, the plaintiff in the campaign finance case recently decided by the Supreme Court, wanted to donate to every single political candidate he supported in the 2012 elections, but he was thwarted by then current limits on donations. The court decided in … More >

Robert Reich The most brazen invitation to oligarchy in Supreme Court history

This is no April Fool’s joke. Today, in a 5-4 decision written by Chief Justice John Roberts, the Supreme Court in “McCutcheon vs. Federal Election Commission,” went beyond “Citizen’s United” to strike down overall limits on how much an individual may contribute in one election cycle to innumerable federal candidates … More >

Robin Lakoff Money talks and reason walks

A major case under consideration this term by the Supreme Court is McCutcheon v. Federal Election Commission, which, if the appellants are successful, will do for wealthy individuals what Citizens United v. Federal Elections Commission (2010) did for corporations (yes, and labor unions, if any): allow them to give essentially … More >

Robert Reich The Republicans of the Supreme Court

In order to fully understand what the five Republican appointees on the Supreme Court have been up to when they make decisions that affect our democracy, as they did last week on voting rights, you need to understand what the Republican Party has been up to.

The modern GOP is based … More >

Stephen Menendian Shelby County v. Holder: Extend voting rights nationwide

On Tuesday, June 25, the Supreme Court rolled back history when it overturned a key provision of the 1965 Voting Rights Act that was instrumental to nearly 50 years of political and social change.  The Court’s decision in Shelby County v. Holder opens the floodgates to new forms of voter … More >

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