Ruth Bader Ginsburg

The Supreme Court Exposes Obama’s Circular Logic on Wiretapping
October 29, 2012

The Obama administration has taken a position that makes the Bush pro-secrecy campaign seem pale in comparison

The Court and the Future of Everything You Hold Dear
October 19, 2012

You shouldn't read too much into John Roberts's recent display of jurisprudence.

Big Chief
July 13, 2012

Normal 0 false false false EN-US JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman";} IN THE WEEKS BEFORE the Supreme Court decided the fate of the Affordable Care Act, conservatives became increasingly worried that Chief Justice John Roberts was about to lose his nerve.

Temple of Silence
June 23, 2012

WHEN SUPREME COURT Justice Ruth Bader Ginsburg rose to speak to the American Constitution Society on June 15, many in the audience hoped she would hint at the fate of the Affordable Care Act. The justices had voted on Obamacare on March 30, and by mid-June the Court’s opinion, as well as any concurrences or dissents, had been drafted and circulated internally. But despite palpable panting by journalists, no one outside the Court knew what it had decided. And Ginsburg gave no clue. “Those who know don’t talk,” she said.

Gaming Out a Mixed SCOTUS Decision
June 20, 2012

As recently as a week ago, everybody watching the Supreme Court seemed convinced of one thing: The justices had made up their minds about the Affordable Care Act. They hadn’t issued a decision and, perhaps, they were fine-tuning the legal arguments they would make in their written opinions. But they knew how they were ruling. They just weren't telling anybody about it. Now a new rumor is making the rounds: Five justices have decided to invalidate the individual mandate but they have not settled on what else, if anything, to invalidate along with it. Does the story have any basis in fact?

Day 2 at the Court: Well, that Could Have Gone Better
March 27, 2012

My first impression from day two at the Supreme Court: I was more confident yesterday than I am today. With the caveat that I know health policy a lot better than I know law, I can still imagine the justices upholding the individual mandate. But, at this point, I can just as easily imagine them striking it down.  Tuesday's hearing was energized and contentious, from start to finish. But while the justices hammered lawyers from both sides with difficult questions, Solicitor General Don Verrilli seemed to struggle more than Paul Clement, attorney for the states.

Day 1 at the Court: No Ducking the Issue
March 26, 2012

Oral arguments for the Supreme Court on Monday were supposed to be boring. The subject wasn’t the individual mandate, after all. It was the Anti-Injunction Act, a relatively obscure law that prevents courts from hearing legal challenges to taxes until after somebody has paid them. But while the session was not always exciting, the justices did drop two hints about their thinking. All the justices seem eager to decide this case, rather than punting on jurisdictional grounds.

Will the Court Uphold Health Care Reform? Survey Says...
March 19, 2012

Las Vegas hasn’t posted odds on whether the Supreme Court will reject health care reform. But the American Bar Association has done the next best thing. As part of a special publication devoted to the case, the ABA surveyed a group of veteran observers and asked them to predict the outcome. The results? Eighty-five percent predicted that the court will uphold the law. The ABA won’t say how it picked the experts; it promised anonymity to guarantee candor. So make of the results what you will. But those experts seem to part of a broader consensus.

Judge Mental
February 22, 2012

Newt Gingrich’s attack on judicial independence—in particular, his call for Congress to subpoena judges and force them to explain their rulings under threat of arrest—is widely viewed as one of the reasons his now-moribund presidential campaign jumped the shark. Both conservative and liberal pundits were alarmed by Gingrich’s assault on the concept of judicial review, and rightly so. But, if Gingrich’s judge-bashing was extreme, it was not an isolated phenomenon.

All Hail Samuel Alito, Privacy Champion Extraordinaire!
January 24, 2012

Yesterday the Supreme Court handed down the most important privacy case of the Roberts era, U.S. v. Jones. The unanimous decision is an occasion for dancing in the chat rooms. In holding that the government needs a warrant before attaching a GPS device to a suspect’s car to track his movements 24/7 for a month, all the justices rejected the Obama administration’s extreme and unnecessary position that we have no expectations of privacy when it comes to the virtual surveillance of our movements in public places.

Pages