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Discussion: Supreme Court Rulings
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Trassin
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PostPosted: Fri Jun 22, 2012 2:41 am    Post subject: Reply with quote

Over at SCOTUSblog.com they are live blogging the Supreme Court opinions being released, starting at 10:00am. They are also guessing that the ACA related opinions won't come until next week, although it could happen today.

Edit: Here's a "plain english" listing of the remaining cases for this SCOTUS term: http://www.scotusblog.com/2012/06/remaining-merits-cases-in-plain-english-2/
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Trassin
Brigadier Legate
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PostPosted: Fri Jun 22, 2012 3:27 am    Post subject: Reply with quote

Madhatte, I'm sad to announce that the SCOTUS wimped out on the FCC v. Fox case. While they sided with Fox, the SCOTUS didn't take the opportunity to redefine the FCC's standing with regard to the First Amendment.
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Trassin
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PostPosted: Fri Jun 22, 2012 3:29 am    Post subject: Reply with quote

No ACA today. Looks like we will be starting out with 1/3 straight odds of it being released on Monday.
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Madhatte
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PostPosted: Fri Jun 22, 2012 1:52 pm    Post subject: Reply with quote

oh for crap sake
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Trassin
Brigadier Legate
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PostPosted: Tue Jun 26, 2012 2:43 am    Post subject: Reply with quote

ACA opinions may very well be released within the next 2 hours!

http://scotusblog.wpengine.com/
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Trassin
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PostPosted: Wed Jun 27, 2012 4:46 am    Post subject: Reply with quote

S.B. 1070 Opinion in plain english: http://www.scotusblog.com/2012/06/s-b-1070-in-plain-english/
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Akuma
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PostPosted: Fri Jun 29, 2012 3:24 am    Post subject: Reply with quote

Quote:
The Supreme Court has upheld the entire health care law by a vote of 5 to 4, Supreme Court Producer Bill Mears said. That includes the medicare provision


I imagine CNN is getting shit right now, since they incorrectly reported that it was shot down about 10mins ago.
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Trassin
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PostPosted: Fri Jun 29, 2012 3:25 am    Post subject: Reply with quote

Holy shit, they found the IM constitutional.
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Trassin
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PostPosted: Fri Jun 29, 2012 3:36 am    Post subject: Reply with quote

From SCOTUSblog, "In Plain English: The Affordable Care Act, including its individual mandate that virtually all Americans buy health insurance, is constitutional. There were not five votes to uphold it on the ground that Congress could use its power to regulate commerce between the states to require everyone to buy health insurance. However, five Justices agreed that the penalty that someone must pay if he refuses to buy insurance is a kind of tax that Congress can impose using its taxing power. That is all that matters. Because the mandate survives, the Court did not need to decide what other parts of the statute were constitutional, except for a provision that required states to comply with new eligibility requirements for Medicaid or risk losing their funding. On that question, the Court held that the provision is constitutional as long as states would only lose new funds if they didn't comply with the new requirements, rather than all of their funding."
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The word God is for me nothing more than the expression and product of human weaknesses, the Bible a collection of honorable, but still primitive legends which are nevertheless pretty childish. - Albert Einstein
"Raccoons oscillate at 50Hz in Europe." - FAWBOTS
"I'm not sure I'm up for orgy scrabble parties" - Female Friend
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Trassin
Brigadier Legate
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PostPosted: Fri Jun 29, 2012 4:35 am    Post subject: Reply with quote

I'm still trying to wrap my head around how the decision ended up going in favor of the mandate.

Roberts found that it was in violation of the commerce clause, which gives 5 justices finding it unconstitutional. But he found it was a tax under congress's ability to imposes taxes, making it constitutional, which gives it 5 justices in support of it as a tax.

How that math ends up with it being constitutional, instead of unconstitutional makes no sense to me. I'm currently waiting for the constitutional law blogs I follow to give me a bit better of an explanation.

For the moment though, I feel like someone told me "5 - 5 = A Goat".
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The word God is for me nothing more than the expression and product of human weaknesses, the Bible a collection of honorable, but still primitive legends which are nevertheless pretty childish. - Albert Einstein
"Raccoons oscillate at 50Hz in Europe." - FAWBOTS
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Akuma
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PostPosted: Fri Jun 29, 2012 5:15 am    Post subject: Reply with quote

Because they decided that it fell under the category of the latter, and not the former, is my understanding.
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Exzavier
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PostPosted: Fri Jun 29, 2012 9:23 am    Post subject: Reply with quote

The way read it is that they cannot force everyone to buy health care however it is legal for the federal government to impose a tax on people who do not have/buy health care.
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Mongolio
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PostPosted: Sat Jun 30, 2012 5:45 am    Post subject: Reply with quote

I am not a law-type person (someone has to comment on the irony so everyone understands it), so how does that requirement work with unemployed on state Medicaids?
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Exzavier
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PostPosted: Thu Aug 09, 2012 8:42 am    Post subject: Reply with quote

INSANE!

http://www.dslreports.com/shownews/Court-Warrantless-Domestic-Spying-is-AOK-120679

The one and only case to successfully challenge Bush area domestic spying operations has been shot dead by an appeals court. The government may continue to engage in domestic surveillance without warrants and without fear of being sued. "This case effectively brings to an end the plaintiffs’ ongoing attempts to hold the executive branch responsible for intercepting telephone conversations without judicial authorization," a three-judge panel of the 9th U.S. Circuit Court of Appeals wrote in their ruling (pdf). The domestic spying program was unearthed by the New York Times in 2005; later leaks indicated carriers like AT&T helped the government spy on citizens by providing wholesale direct access to all data that crosses their networks.
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PostPosted: Fri Aug 10, 2012 3:26 pm    Post subject: Reply with quote

So my post on reddit got some comments about this topic:

Judge rules Facebook "Like" button unprotected speech

The workers sued, saying their rights were violated. But a U.S. District Judge ruled that simply clicking the "like" option wasn't sufficient enough for First Amendment protection.

http://www.nbc12.com/story/19230918/judge-rules-facebook-like-button-unprotected-speech

http://www.reddit.com/r/news/comments/xxs8r/us_district_judge_ruled_that_simply_clicking_the/
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PostPosted: Thu Aug 16, 2012 9:53 am    Post subject: Reply with quote

http://www.engadget.com/2012/08/15/sixth-circuit-rules-that-law-enforcement-doesnt-need-a-warrant/

A recent 2 - 1 ruling by the Sixth Circuit Court of Appeals has determined that law enforcement agencies can obtain cellphone location data, without the need for a warrant. The decision comes after a defendant in a drug-related case claimed protection from his phone's GPS location data being used under the Fourth Amendment. Judge John Rogers stated that the defendant didn't have a reasonable expectation of privacy for data given off by a voluntarily purchased phone, going on to state that if tools used in such crimes give off a trackable signal, police should be allowed to use it.
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PostPosted: Thu Oct 25, 2012 2:34 am    Post subject: Reply with quote

So aereo designed their TV system to match the cablevision ruling about remote DVRs.

Now cablevision is claiming the ruling does not apply to aereo; haha!

http://www.techdirt.com/articles/20121023/02391420798/aereo-has-no-one-noticed-its-insane-that-were-being-accused-infringing-because-we-carefully-followed-cablevision-precedent.shtml
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PostPosted: Mon Sep 02, 2013 5:24 am    Post subject: Reply with quote

Not Supreme Court but after read this; this case is very important:

"But in February the Buckyballs saga took a chilling turn: The commission filed a motion requesting that Mr. Zucker be held personally liable for the costs of the recall, which it estimated at $57 million, if the product was ultimately determined to be defective."

The government is saying the CEO of Buckyballs is personally responsible for the recall and may owe $57 million. That is crazy! Let's have the Ford, Toyota and GM CEOs pay out some money.

http://online.wsj.com/article/SB10001424127887324108204579023143974408428.html
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Mongolio
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PostPosted: Wed Sep 04, 2013 7:09 am    Post subject: Reply with quote

Nothing stifles innovation like having a single person, instead of the company entity, be responsible for their products. I sure as hell wouldn't want to do anything new if I were going to be personally, financially responsible for a product I didn't personally create and test.
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