Federalism is no bar to health care reform Nov 3, 2009
Even Justice Antonin Scalia, no fan of expansive claims of federal power, voted to affirm Congress authority. Justice Scalia explained, Congress may regulate even noneconomic local activity if that regulation is a necessary part of a more general regulation of interstate commerce. (Atlanta Journal-Constitution -- Opinion)
Supreme Court ponders investor rights over fees Nov 3, 2009
But they ran into sharply skeptical questions from Chief Justice John Roberts and Justice Antonin Scalia. They said investors can easily check the fees charged by a mutual fund and take their money elsewhere if the fees are too high. (San Francisco Chronicle -- Business)
Supreme Court declines to hear civil-rights era KKK case Nov 3, 2009
Justices John Paul Stevens and Antonin Scalia issued a statement saying the high court should have agreed to resolve the issue now. "The question is narrow, debatable, and important," Justice Stevens wrote. (Christian Science Monitor)
Supreme Court Cautious in Question of Regulating Mutual Fund Fees Nov 3, 2009
Later, Justice Antonin Scalia said the standard that the law would force courts to apply in assessing whether fees are excessive is "utterly meaningless," giving judges free rein to consider whatever factors they would like. Susan Ferris Wyderko of the , who attended the argument, came away optimistic that the justices would embrace the traditional standard for evaluating mutual fund fees established in Gartenberg v. Merrill Lynch Asset Management Inc., a 1982 decision by the 2nd U.S. Circuit... (Law.com)
High court won't review civil rights-era case Nov 3, 2009
Disagreeing with their colleagues, Justices John Paul Stevens and Antonin Scalia said the high court should have agreed to hear the case because it raises an important issue that potentially affects similar prosecutions. The court did not otherwise elaborate on its order. (San Francisco Chronicle -- Crime)
Supreme Court Rejects Certified Question From 5th Circuit in Kidnap Case Nov 3, 2009
The Supreme Court on Monday dismissed the 5th Circuit's plea, over the dissent of Justice John Paul Stevens, joined by Justice Antonin Scalia. The issue is "narrow, debatable, and important," Stevens said, and should have been taken. (Law.com)
Nation's high court rejects Seale appeal Nov 3, 2009
Justice John Paul Stevens, joined by Justice Antonin Scalia, wrote that this request "presents us with a pure question of law that may well determine the outcome of a number of cases of ugly racial violence remaining from the 1960s. The question is what statute of limitations applies to a prosecution ... commenced in 2007 for a kidnaping offense in 1964.". (2 of 2). (The Clarion-Ledger)
High court declines Mississippi Burning case Nov 3, 2009
Two justices wanted caseDisagreeing with their colleagues, Justices John Paul Stevens and Antonin Scalia said the high court should have agreed to hear the case because it raises an important issue that potentially affects similar prosecutions. The court did not otherwise elaborate on its order. (MSNBC -- Crime)
getNumberAll('1202435099939') Nov 2, 2009
The Judiciary Committee's interest marks the first time Congress has flirted with recusal guidelines since a high-profile scrap in 2004 between congressional Democrats and Justice Antonin Scalia. In a debate that broke along partisan lines, Democrats said that Scalia should have recused in a case involving then-Vice President Dick Cheney because he and Cheney were part of a group that went duck hunting in Louisiana while the case was pending. (Law.com)
Justices, Law Enforcement Officials Pay Tribute to Assassinated Italian Judge Oct 31, 2009
Chief Justice John Roberts Jr., along with Justices Antonin Scalia and Samuel Alito Jr., Homeland Security Secretary Janet Napolitano, Deputy Attorney General David Ogden, Deputy FBI Director John Pistole and former FBI Director Williams Sessions spoke at the tribute, which was co-hosted by the. Judge Arthur Gajarsa of the U.S. Court of Appeals for the Federal Circuit, who was a driving force behind the event, also spoke. (Law.com)
Justice Scalia: Rival doctrine seeks rigidity Oct 27, 2009
U.S. Chief Justice John Roberts and justices Stephen Breyer and Antonin Scalia watched the ceremony, which included prayers led by Archbishop of Canterbury Rowan Williams and a verse for the new court by former poet laureate Andrew Motion ... Justices Ruth Bader Ginsburg and Antonin Scalia will have nonspeaking roles Saturday night in a production by the Washington National Opera ... -- U.S. Supreme Court Justice Antonin Scalia says those who want modern-day legal interpretations to view the... (Fresno Bee -- Nation)
Justice Scalia: Trendy Legal Theories Too Rigid Oct 27, 2009
-- U.S. Supreme Court Justice Antonin Scalia says those who want modern-day legal interpretations to view the U.S. Constitution through contemporary lenses are seeking rigidity, not flexibility, in the country's justice system. Scalia is well-known as a strict constructionist in his interpretation of the Constitution. (Newsmax)
Scalia and Ginsburg Make Opera Debut Oct 27, 2009
Ginsburg and Justice Antonin Scalia had non-speaking roles in Saturday night's performance of They played guests at a dinner party and were on stage for nearly 90 minutes. At one point, Russian soprano Lyubov Petrova sat on Scalia's lap and placed her arm around him, causing the audience to burst into applause. (Law.com)
Charles E. Nelson (25) Oct 27, 2009
Well known judges in the D. C. Circuit included John Sirica (Watergate), Harold Greene (ATkup), Robert Bork (Supreme Court nominee), Antonin Scalia, and Ruth Bader Ginsburg (current members of the Supreme Court), Kenneth Starr (later Clinton Impeachment Special Prosecutor) Thomas Penfield Jackson (Microsoft), and J. Skelly Wright (Calvert Cliffs and other landmark opinions). In 1985, he retired. (Sonoma Index-Tribune, CA)
Pitts: Law, common sense cross paths in court Oct 26, 2009
It's a contention Justice Antonin Scalia sharply disputed. "It's erected as a war memorial," he said. (Athens Banner-Herald)
2 Supreme Court justices taking stage in DC opera Oct 25, 2009
Justices Ruth Bader Ginsburg and Antonin Scalia will have nonspeaking roles Saturday night in a production by the Washington National Opera. They'll be dressed in black-tie attire and remain on stage for nearly 90 minutes during the opening performance of "Ariadne auf Naxos" (are-EE-AHD-nay off NACKS-ohs). (Fresno Bee -- Nation)
Getting drunks off the road: Rulings put spotlight on DUI procedure Oct 25, 2009
But on Tuesday, Roberts said the ruling grant(s) drunk divers one free swerve, and cautioned, along with Justice Antonin Scalia, that law enforcement may not get a chance to pull over an impaired driver before it s too late. And the debate goes on. (Logan Herald Journal, UT)
Skilling's Enron Appeal: Is 'Honest Services Fraud' a Bogus Charge? Oct 24, 2009
That critic was Supreme Court Justice Antonin Scalia, writing in February to dissent from the court's decision not to hear the appeal of three Chicago city officials who were convicted under the statute. Given that lower courts have been in sharp disagreement about what honest-services fraud means, Scalia added, "It seems to me quite irresponsible to let the current chaos prevail.". (Time.com)
Forum: President won't be progressive 'savior' Oct 24, 2009
The Justice Department actually agreed with Justice Antonin Scalia that the Michigan restriction "serves no purpose," and the court ruled in a 5-4 decision that such interrogation was not a violation of a defendant's Sixth Amendment right to counsel. Or take the economy. (Athens Banner-Herald)
To Build Practice, Ex-Bush SG Embraces Liberal Clients Oct 24, 2009
So in one case he argued on Oct. 14, and another set for Nov. 4, Clement has taken on tough-to-win cases that are far from standard fare for a former law clerk to Justice Antonin Scalia and a Bush-era legal icon: In the first, he argued for enhanced fees for plaintiffs lawyers in a civil rights case, and, in the second, he represents a pair of men who were wrongly convicted in the murder of a retired Iowa police officer. Which explains the hug. (Law.com)
Comic brags about snorting coke feet away from Obama... Oct 23, 2009
Cross said that he was seated "super close to the president" and seated with or near former Transportation Secretary Norman Mineta, Health and Human Services Secretary Kathleen Sebelius, former Defense Secretary Don Rumsfeld, Supreme Court Justice Antonin Scalia and "the editor-in-chief of the USA Today.". "But it's crazy and there's security, Secret Service is standing there," said Cross. (The Drudge Report)
A case of innocence executed Oct 23, 2009
In August, two of the Supreme Court's members, Justices Antonin Scalia and Clarence Thomas, in a dissenting opinion, nevertheless disclosed views that exist at the highest level of the US justice system. They wrote: "This court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is 'actually' innocent.". (Sydney Morning Herald -- Opinion)
Feingold: In Campaign Finance Case, High Court Could Turn Elections Into ‘NASCAR Races’ Oct 22, 2009
In his oratory, McCain also singled out comments made last month by Justice Antonin Scalia statements that questioned Members motives in writing campaign finance laws. Congress has a self-interest, Scalia said. (Roll Call)
Corporate crime in America: Are you being served? Oct 22, 2009
In February, in his ruling on another honest-services case, Justice Antonin Scalia wrote that some prosecutors and juries interpretation of honest-services fraud, taken to its logical conclusion, would stretch even to a salaried employee s phoning in sick to go to a ball game. The law is sufficiently broad to have been used against government officials as well, which is why the Court has also decided to hear an appeal of a case in which a state official was convicted of mail fraud related to... (The Economist)
John Roberts Laments Drunk Driving Ruling Oct 21, 2009
The majority of the justices did not say why they did not take the case, but Roberts in a written dissent, joined by Justice Antonin Scalia, said the Virginia court's decision will put people in danger. "The decision below commands that police officers following a driver reported to be drunk do nothing until they see the driver actually do something unsafe on the road - by which time it may be too late," Roberts wrote. (CBS News -- US)
Alito troubled by concerns over court's Catholics Oct 21, 2009
"I don't agree that every time the government allows one religious symbol to be erected it has to allow all religious symbols to be erected in the same place," Justice Antonin Scalia told an American Civil Liberties Union lawyer ... Some commentators have argued that Catholics in the court's conservative voting bloc - Chief John Roberts and Justices Antonin Scalia, Clarence Thomas and Alito - are likely to oppose abortion or otherwise apply Catholic teachings to their rulings. (Fresno Bee -- Nation)
Supreme Court declines to set rule on drunk driving stops Oct 21, 2009
Chief Justice John Roberts filed a dissent, joined by Justice Antonin Scalia. Chief Justice Roberts said a sharp disagreement had emerged in federal and state courts over this particular Fourth Amendment issue. (Christian Science Monitor -- USA)
Justice Alito Slams Anti-Catholic Prejudice Oct 21, 2009
Some commentators have argued that Catholics in the court's conservative voting bloc _ Chief John Roberts and Justices Antonin Scalia, Clarence Thomas and Alito _ are likely to oppose abortion or otherwise apply Catholic teachings to their rulings. In a telephone interview, Notre Dame law professor Richard W. Garnett echoed Alito's comment that the religion of qualified justices will not determine their views of pending cases, even if their experiences might shade it. (Newsmax)
Cross has more history Oct 17, 2009
"I don't agree that every time the government allows one religious symbol to be erected it has to allow all religious symbols to be erected in the same place," Justice Antonin Scalia told an American Civil Liberties Union lawyer ... As the Supreme Court weighed a dispute over a religious symbol on public land Wednesday, Justice Antonin Scalia was having difficulty understanding how some people might feel excluded by a cross that was put up as a memorial to soldiers killed in World War I. ... As... (Fresno Bee -- Opinion)
In ceremony, Queen Elizabeth II opens new UK Supreme Court Oct 17, 2009
US Chief Justice John G. Roberts Jr. and Justices Stephen G. Breyer and Antonin Scalia watched the ceremony. US Justice Ruth Bader Ginsburg also had been scheduled to attend, but she became ill just before her plane took off from Washington late Wednesday. (Boston Globe)
MADDOCKS: Scalia calls for Supreme Court intervention following Peace Prize vote Oct 16, 2009
In a sharply worded opinion issued yesterday, Justice Antonin Scalia called on the Supreme Court to demand a recount of the Nobel committee s vote to award the 2009 Peace Prize to Barack Obama ... " said Scalia during a news conference in Oslo, where he was surrounded by a team of vote recounters armed with magnifying glasses. "And who has done more than Antonin Scalia. (Framingham TAB, MA)
Ginsburg hospitalized overnight, released Oct 16, 2009
Ginsburg, along with Chief Justice John Roberts and justices Stephen Breyer and Antonin Scalia, was heading to London to take part in ceremonies marking the opening of Britain's new Supreme Court. "Prior to the plane taking off, the justice experienced extreme drowsiness causing her to fall from her seat," a court statement said. (MSNBC -- Politics)
Lithwick: The Supreme Court Justices Reveal How They Really Feel About Lawyers Oct 16, 2009
Justice Antonin Scalia asks whether a law firm could reasonably do the same thing in billing its clients. Could the firm just say, "We're going to kick it up another $10,000 because thisthis second-year associate, boy, he's a whiz, and he performed like a senior partner. So we are billing him at the $500 rate, instead of the $200!" When Cohen says a firm couldn't do that, Sotomayor interrupts him: "That's not true. Law firms get bonuses from clients all the time.". (Slate)
Supreme Court hears Carolinas water case Oct 15, 2009
He and Justices Antonin Scalia, Ruth Bader Ginsburg and Sonia Sotomayor asked the most questions, typically interrupting the attorneys as they made their arguments. The justices often tripped up the attorneys with questions the speakers couldn t answer, and they were quick to point out contradictions in responses. (Charlotte Business Journal, NC)
Calif. Federal Judge's Ruling Helps Same-Sex Marriage Advocates in Latest Challenge to Prop 8 Oct 15, 2009
Another light moment came when same sex-marriage attorney Theodore Olson of Gibson, Dunn & Crutcher said Cooper's argument mirrored the comments of U.S. Supreme Court Justice Antonin Scalia in cases like. In Lawrence, Scalia had mocked his colleagues for invalidating a sodomy law. (Law.com)
Mumia Abu-Jamal's Life May Hinge on Case of Neo-Nazi Triple Murderer Oct 14, 2009
Justice Antonin Scalia went further, saying, "I thought it was a brilliant closing argument. ... Have you ever conducted a capital case in which the defendant takes the stand with a Hitler mustache and says he's glad for what he's done and he will do it again? ... This was an extraordinary trial, and it seems to me that the technique that counsel used to try to get mercy for this fellow was the best that could have been done.". In telephone interviews Tuesday afternoon, lawyers on both sides of... (Law.com)
Legal argument v. common sense Oct 13, 2009
It's a contention Justice Antonin Scalia sharply disputed last week. "It's erected as a war memorial," he said. (Montana Standard, MT)
The Supreme Court, as Seen on Television Oct 13, 2009
"It's not an occasion on which we try to persuade one another," said Justice Antonin Scalia, who has expressed disappointment in the past at how little debate about the issues really occurs at conference. But Thomas said conferences have changed under Roberts, chief justice since 2005. (Law.com)
EDITORIAL: Protect even offensive free 'speech' Oct 11, 2009
News outlets reported that Justice Ruth Bader Ginsburg asked about videos of cockfighting, and Justice Antonin Scalia offered this hypothetical. "What if I am an aficionado of bullfights and I think, contrary to the animal cruelty people, they ennoble both beast and man?". (Fresno Bee)
- From the Left: Correct is not the same as right 0 Oct 10, 2009
It s a contention Justice Antonin Scalia sharply disputed last week. It s erected as a war memorial, he said. (El Centro Imperial Valley Press, CA)
Peace and Quiet Oct 10, 2009
Supreme Court Justice Antonin Scalia came out swinging in a contentious debate over a war memorial cross on federal land. 9) ": The obscenely high new bank fees for ATM usage and overdrawn checks," by Daniel Gross. (Slate)
West publishing nearly 30 books for Kindle Oct 9, 2009
Titles now available on Kindle include Making Your Case: The Art of Persuading Judges, by U.S. Supreme Court Justice Antonin Scalia and Bryan Garner, editor-in-chief of Black s Law Dictionary. Other titles are. (Twin Cities Business Journal, MN)
Supreme Court debates cross as war memorial Oct 9, 2009
Justice Antonin Scalia took exception to that comment. The cross "is the most common symbol" to honor the war dead, he said, calling it an "outrageous conclusion" to say the cross is limited to honoring only soldiers who were Christians. (San Francisco Chronicle)
Cross in U.S. preserve stirs tense court debate Oct 8, 2009
Justice Antonin Scalia challenged him on the implication that the cross was not honoring all the war dead. "I have been to Jewish cemeteries," attorney Peter Eliasberg said. (AZCentral -- News)
Supreme Court Examines Animal Cruelty Videos Oct 8, 2009
Justice Antonin Scalia was having none of it. In the area of free speech, Scalia said, "it's not up to the government to decide what are people's worst instincts.". (W-USA News, DC)
Memorial cross spurs debate in top US court Oct 8, 2009
Justice Antonin Scalia. Add Selected Alerts. (Yahoo News -- Politics)
Court Mulls Law on Animal Cruelty Oct 8, 2009
Justice Antonin Scalia noted that the exceptions to the law do not include entertainment, leading him to question whether the law could be used to ban hunting videos and television programs. "Most of the hunting videos I have seen people watch [are] for the entertainment," Justice Scalia said. (Newsmax)
High court hears arguments about cross in park Oct 8, 2009
WASHINGTON - As the Supreme Court weighed a dispute over a religious symbol on public land Wednesday, Justice Antonin Scalia was having difficulty understanding how some people might feel excluded by a cross that was put up as a memorial to soldiers killed in World War I.. "It's erected as a war memorial. I assume it is erected in honor of all of the war dead," Scalia said of the cross that the Veterans of Foreign Wars built 75 years ago atop an outcropping in the Mojave National Preserve. (MSNBC -- Politics)
Another View: Educational? You be the judge Oct 8, 2009
Waters is more animated than either of those two justices, and even more so than Justice Antonin Scalia. But Waters wasn't there for the official start of the court's new term this week. (Hanford Sentinal, CA)
High court debates dog-fighting videos Oct 7, 2009
"It's not up to the government to decide what are people's worst instincts," said Justice Antonin Scalia. "One can contemplate a lot of other areas, where government could say: You are appealing to people's worst instincts, and, therefore, movies cannot be made" showing dramatized depictions of animals being abused, for example. (CNN)
Hypotheticals Dominate Animal Cruelty Argument at High Court Oct 7, 2009
What if, Justice Antonin Scalia said, "I am an aficionado of bullfighting" who wants to spread the word about how it ennobles "both beast and man?" Would it be a crime to use a video to get that argument across. The urbane Justice Stephen Breyer asked another one: would a video depicting "stuffing geese for pate de foie gras" violate the law. (Law.com)
Justices hear speech, animal rights cases Oct 7, 2009
Justice Antonin Scalia spoke about bullfighting. Justice Stephen Breyer raised other examples -- quail hunting; the slaughter of animals; deer or bear hunting; as well as the stuffing of geese to make fois gras. (Pittsburgh Post-Gazette, PA)
Justices examine free speech issue in animal abuse case Oct 7, 2009
Justice Antonin Scalia questioned whether the law would cover videos of bullfights, which he said some viewers "contrary to the animal cruelty people" might believe "ennoble both beast and man." Justice John Paul Stevens asked whether images of animals hunted with bow and arrow might be covered. Justice Samuel Alito, who seemed more sympathetic than most of the justices to Congress' efforts to ban animal abuse images, asked whether laws could target videos of Roman gladiators fighting to the... (USA Today -- News)
High court considers free speech in animal cruelty case Oct 7, 2009
In the area of free speech, Justice Antonin Scalia said, it s not up to the government to decide what are people s worst instincts. Scalia also pointed out that opponents of animal fighting may feel more free to use the images to express their views than proponents. (Boston Globe)
This Case Is a Dog Oct 7, 2009
Justice Antonin Scalia practically leaps at the back of his neck, asking, "But what if I am an aficionado of bullfights, and I think, contrary to the animal-cruelty people, I think they ennoble both beast and man, and I want to persuade people that bullfights are terrific and we should have them? I would not be able to market videos showing people how exciting a bullfight is. Right?". Katyal tries to warn Scalia that "we should be careful about that endless stream of fanciful hypotheticals," but... (Slate)
High Court Won't Block Release Of Priest Sex Abuse Documents Oct 6, 2009
"It seems unlikely that the Supreme Court would not issue the stay if they were going to take up the full case,'' an attorney involved with the legal proceedings said. Diocesan lawyers asked conservative Justice Antonin Scalia, whose son is a priest, to reconsider their appeal to keep the documents sealed until the high court rules on whether to take up their case. Earlier this month, Justice Ruth Bader Ginsburg denied the diocese's request to keep the documents sealed for now. Scalia forwarded... (FOX61, CT)
Sotomayor makes presence felt on first day of Supreme Court's term Oct 6, 2009
Sotomayor, a lifelong New Yorker, peppered the lawyers with questions in a pair of cases, joining with her fellow New Yorkers, Justices Antonin Scalia and Ruth Bader Ginsburg. None of the three is reluctant to speak up during the oral arguments, and together, they left the other justices sitting in silence for much of the time. (Honolulu Advertiser)
Court begins new term with a new justice Oct 6, 2009
Most were split between reliable "conservatives": Roberts and Justices Kennedy, Antonin Scalia, Clarence Thomas and Alito; and reliable "liberals": Justices John Paul Stevens, Ruth Bader Ginsburg, Stephen Breyer and the now-departed David Souter. Sotomayor is expected to join the progressives, maintaining the balance set by her predecessor. (CNN -- Law)
High court listens to first arguments of session Oct 6, 2009
They are, 1st row, L-R, Justice Anthony M. Kennedy, Justice John Paul Stevens, Chief Justice John Roberts, Justice Antonin Scalia, Justice Clarence Thomas, 2nd row, L-R, Justice Samuel Alito, Justice Ruth Bader Ginsburg, Justice Stephen G. Breyer, and Justice Sonia Sotomayor. . (MSNBC -- Politics)
C-SPAN on the Supreme Court: This time it's personal Oct 5, 2009
Seated, from left are: Associate Justice Anthony M. Kennedy, Associate Justice John Paul Stevens, Chief Justice John G. Roberts, Associate Justice Antonin Scalia, and Associate Justice Clarence Thomas ... If you're expecting to hear Antonin Scalia defend his stance in Bush v. Gore, you'll be disappointed. (The Pantagraph newspaper)
Nations high court gets new term, justice Oct 4, 2009
From left, Chief Justice John Roberts, Stephen Breyer, Antonin Scalia, Sonia Sotomayor and Clarence Thomas ... For the moment, Roberts and the other conservatives Alito and Justices Antonin Scalia and Clarence Thomas continue to appear ascendant, joined by Kennedy, a swing voter who sides more often than not with the conservatives in cases with a clear ideological division. (MSNBC -- Politics)
Political Grapevine Oct 3, 2009
Supreme Court Justice Antonin Scalia says too many smart people are being wasted in society by working as lawyers. Scalia told C-SPAN: "I worry that we are devoting too many of our very best minds to this enterprise." Scalia says he sometimes listens to a brilliant lawyer and wonders: "Why isn't she out inventing the automobile or... doing something productive for this society? I mean lawyers, after all, don't produce anything.". (Fox News)
High court takes new look at handgun laws Oct 2, 2009
In voiding Washington's handgun ban last year, Justice Antonin Scalia suggested that gun rights, like the right to speech, are limited and that many gun control measures could remain in place. Ultimately, said Tushnet, the court will have to decide, possibly restriction by restriction, which limits are reasonable. (San Francisco Chronicle -- Politics)
Lobbying or prayer service? Oct 2, 2009
Among those in attendance that year were then-Chief Justice William Rehnquist and Justices Antonin Scalia and William Brennan, both Catholics. One member of the court who no longer attends is Ruth Bader Ginsburg who, like Breyer, is Jewish. (CNN -- International)
Supreme Court case will test extent of gun rights Oct 1, 2009
Justices of the Supreme Court: In the front row, from the left, are Anthony Kennedy, John Paul Stevens, Chief Justice John Roberts, Antonin Scalia and Clarence Thomas. In the back are Samuel Alito, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor. (USA Today)
