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  1. #1
    Do I dare to eat a peach?
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    Scotus 2013-2014

    What will the Roberts Court do to us this term. No blockbuster cases it seems, but we'll see what they do with the ACA case carried over.

    The Supreme Court Returns [NYTimes Editorial]

    Of note:

    Cline v. Oklahoma Coalition for Reproductive Justice, testing constitutionality of state law setting certain abortion procedures.

    McCullen v. Coakley, an abortion rights case testing a buffer zone for anti-abortion protesters.

    McCutcheon v. Federal Election Commission, a campaign finance case testing limits on an individual's contributions. Citizens United dealt with corporate and labor union contributions.

    National Labor Relations Board v. Noel Canning, a constitutional separation of powers question testing when the president may make "recess appointments."

    Schuette v. Coalition to Defend Affirmative Action, an affirmative action case testing a Michigan constitutional amendment barring race or sex considerations in public university admissions.

    Town of Greece v. Galloway. a freedom of speech and religion case testing prayers before a town board meeting.

    Any you are looking at?

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    Re: Scotus 2013-2014

    (Docket numbers, etc., are linked in the editorial.)

  3. #3
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    Re: Scotus 2013-2014

    I just realized McCutcheon, dubbed Citizens United II, is set for argument Tuesday, October 8.

    At issue in the case are aggregate contribution limits – the maximum amount that a donor can give to federal candidates and political party committees throughout the course of a two-year election cycle.
    ....
    Now set at just over $123,200, the limits were enacted by Congress in the early 1970s and upheld by the court’s 1976 decision in a case dubbed Buckley v. Valeo.

    “Congress was surely entitled to conclude… that contribution ceilings were a necessary legislative concomitant to deal with the reality or appearance of corruption inherent in a system permitting unlimited financial contributions,” the court found.

    The Supreme Court has taken up numerous campaign finance cases since then, but has declined until now to revisit the Buckley finding.
    ....
    http://thehill.com/blogs/ballot-box/...#ixzz2gyb13qWa

    The argument will probably be précised live @SCOTUSBlog.

  4. #4
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    Re: Scotus 2013-2014

    Basically Citizen's united will be nothing compared to McCutcheon

  5. #5
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    Re: Scotus 2013-2014

    Quote Originally Posted by palbert View Post
    I just realized McCutcheon, dubbed Citizens United II, is set for argument Tuesday, October 8.



    http://thehill.com/blogs/ballot-box/...#ixzz2gyb13qWa

    The argument will probably be précised live @SCOTUSBlog.
    My argument would be that money is not speech, it's a means of hiring others to speak for you, thus multiplying one person's speech unfairly over others.

    "Thirty-one* states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. "

    --Jonathan Rauch, Salon Magazine, March 13, 2000

    *the number is now forty

  6. #6
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    Re: Scotus 2013-2014

    Another take on this year's SCOTUS term:

    Supreme Court Has Deep Docket in Its New Term

    Many of the Justice O'Connor influenced decisions are at risk.

    The new docket is heavy on cases that would affect the political process.

    The court will have the opportunity to strike down some of President Obama’s recess appointments, eliminate more campaign-finance laws, and determine whether legislatures violate the First Amendment when they open with a prayer.
    ...
    The Justice Department has asked the Supreme Court to consider the birth-control mandate. So have the owners of a cabinet-making company called Conestoga, who say the policy requires them to violate their Mennonite faith.
    ....
    http://thehill.com/blogs/healthwatch...#ixzz2h3AgKP4v

    (Birth control mandate = contraceptive mandate:

    A contraceptive mandate is a state or federal regulation or law that requires health insurers, or employers that provide their employees with health insurance, to include contraception in their health insurance plans. Many states in the US have such mandates, and the Obama administration has proposed a federal mandate to apply to all new health insurance plans in all states from August 1, 2012.[1]
    http://en.wikipedia.org/wiki/Contrac...United_States) )

  7. #7
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    Re: Scotus 2013-2014

    At argument today on McCutcheon, the individual campaign contribution caps faced a Court divided along the usual lines:

    Chief Justice John G. Roberts Jr., who probably holds the crucial vote, indicated that he was inclined to strike down overall limits on contributions to several candidates, but not a separate overall limit on contributions to several political committees.
    http://www.nytimes.com/2013/10/09/us...s.html?hp&_r=0

    The Justices who favor limits on campaign donations seemed to believe that the current system is corrupting in favor of the rich, but that they still would like some harder information on just how that happens. And the Justices who favor the freer flow of money into federal campaigns seemed to think there are enough safeguards against corruption already and that any more will stifle political expression, of the not so rich, too. But anything like a consensus that could attract five votes eluded both sides.
    http://www.scotusblog.com/#sthash.qLDJVIav.dpuf

    Individual donors are currently capped at $123,200 in contributions in every two-year election cycle. They can give a total of $48,600 to candidates and another $74,600 to noncandidate committees, such as state and national parties.

    If the court strikes down the aggregate limits, individuals would be able to donate more than $3.6 million to candidates and party committees every two years — a flood of money that the Obama administration said would open the door to corruption. ...

    Tuesday’s case does not directly ask the court to strike down limits on how much individuals can donate to a single candidate ($2,600 per cycle).
    http://thehill.com/blogs/ballot-box/...#ixzz2h9nZTecO

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    Re: Scotus 2013-2014

    The transcript of the McCutcheon oral argument is here:

    http://www.supremecourt.gov/oral_arg...2-536_21o2.pdf

  9. #9
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    Re: Scotus 2013-2014

    Quote Originally Posted by palbert View Post
    The transcript of the McCutcheon oral argument is here:

    http://www.supremecourt.gov/oral_arg...2-536_21o2.pdf
    After reading that, I don't see where the case can count as the "Second Citizens' United". If the numbers the justices and lawyers were tossing around are accurate, this wouldn't dump more than an additional $200 million into a national election, and that would be spread across national, state, and local races.

    "Thirty-one* states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. "

    --Jonathan Rauch, Salon Magazine, March 13, 2000

    *the number is now forty

  10. #10
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    Re: Scotus 2013-2014

    The recording of oral argument for McCutcheon is now available.

    http://www.oyez.org/cases/2010-2019/2013/2013_12_536

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