Tagged: supreme court RSS

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  Colbert v. the Court: Why, in the battle over Citizens United, the Supreme Court never had a chance. 

  The Supreme Court has always had its critics. Chief Justice John Marshall had to contend with the temper of President Andrew Jackson (“John Marshall has made his decision, now let him enforce it!”). And Chief Justice Charles Evans Hughes went toe-to-toe with FDR, who wouldn’t let up with the court-packing. But in the history of the Supreme Court, nothing has ever prepared the justices for the public opinion wrecking ball that is Stephen Colbert. The comedian/presidential candidate/super PAC founder has probably done more to undermine public confidence in the court’s 2010 Citizens United opinion than anyone, including the dissenters. In this contest, the high court is supremely outmatched.More »

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  Quietly, U.S. Moves to Block Lawsuits by Military Families 

  But while public officials are out waving the flag toward these families, federal lawyers in court are now quietly trying to expand the U.S. government's legal immunity from exposure to medical malpractice claims brought by those very same military folks. Now, the feds want the courts to recognize a bold application of an old doctrine -- an already heavily criticized old doctrine -- that would bar many plaintiffs, whose loved ones serve their country, from exercising the right merely to be able to present the substance of their claims to a jury. More »

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  Supreme Court: Warrants needed in GPS tracking 

  The Supreme Court ruled unanimously Monday that police must obtain a search warrant before using a GPS device to track criminal suspects. But the justices left for another day larger questions about how technology has altered a person’s expectation of privacy. Justice Antonin Scalia wrote that the government needed a valid warrant before attaching a GPS device to the Jeep used by D.C. drug kingpin Antoine Jones, who was convicted in part because police tracked his movements on public roads for 28 days.More »

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  Supreme Court Says Congress May Re-Copyright Public Domain Works 

  Congress may take books, musical compositions and other works out of the public domain, where they can be freely used and adapted, and grant them copyright status again, the Supreme Court ruled Wednesday. In a 6-2 ruling, the court said that, just because material enters the public domain, it is not “territory that works may never exit.” (.pdf) The top court was ruling on a petition by a group of orchestra conductors, educators, performers, publishers and film archivists who urged the justices to reverse an appellate court that ruled against the group, which has relied on artistic works in the public domain for their livelihoods. They claimed that re-copyrighting public works would breach the speech rights of those who are now using those works without needing a license. There are millions of decades-old works at issue. Some of the well-known ones include H.G. Wells’ Things to Come; Fritz Lang’s Metropolis and the musical compositions of Igor Fyodorovich Stravinsky.More »

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