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The Supreme Court

SCOTUS won't hear challenge to California medical marijuana law

Two counties which had refused to comply with the law won't get any help from the Supreme Court -- at least, not yet.

In a decision that medical marijuana advocates are hailing as a major victory, the Supreme Court announced Monday that it will not hear a challenge brought by two California counties against their state's medical marijuana law.

Both San Diego and San Bernardino counties have balked at complying with the law. At issue in this case was their refusal to participate in issuing cards that identify their bearer as being permitted under state law to use marijuana for medical purposes. The cards aren't mandatory for users, but help prevent mistaken arrest. The two counties argued that federal law, which still prohibits medical use of the drug, preempted the state law and invalidated the provision.

The court's decision does mean that the two counties will have to give in and start participating in the program, and that is of course a win for proponents of medical marijuana, not to mention those who use it. Still, celebration for anything beyond that is premature.

According to an opinion issued by California's Fourth District Court of Appeals (the last court to actually issue a ruling, rather than simply decide not to hear the case), the case was decided on a fairly narrow, and technical, basis. After deciding that the counties only had standing to sue over the identification cards, the court ruled that the provision wasn't unconstitutional, because, by itself, it didn't present a "significant" impediment to the federal law:

The identification card laws merely provide a mechanism allowing qualified California citizens, if they so elect, to obtain a form of identification that informs state law enforcement officers and others that they are medically exempted from the state's criminal sanctions for marijuana possession and use. Although California's decision to enact statutory exemptions from state criminal prosecution for such persons arguably undermines the goals of or is inconsistent with the [Controlled Substances Act] -- a question we do not decide here -- any alleged "obstacle" to the federal goals is presented by those California statutes that create the exemptions, not by the statutes providing a system for rapidly identifying exempt individuals. The identification card statutes impose no significant added obstacle to the purposes of the CSA not otherwise inherent in the provisions of the exemptions that Counties do not have standing to challenge...

We are unpersuaded by Counties' arguments that the identifications laws, standing alone, present significant obstacles to the purposes of the CSA. For example, Counties assert that identification cards make it "easier for individuals to use, possess, and cultivate marijuana" in violation of federal laws, without articulating why the absence of such a card -- which is entirely voluntary and not a prerequisite to the exemptions available for such underlying conduct -- renders the underlying conduct significantly more difficult.

Legally speaking, even those Californians who smoke marijuana for medical reasons and with their state's blessing are still subject to arrest by federal authorities. The Obama administration has announced that it will break with the policy of its predecessors and will not go after individuals authorized to use the drug under state law, but federal law still takes precedence, and a future administration could decide to change the policy again. So far, the Supreme Court's rulings on these questions have been varied, and none have been definitive -- it's possible that at some point in the future the court could decide to weigh in on the matter once and for all.

For now, though, as of last count, there were only a handful of people who can actually smoke marijuana in the U.S. completely legally. They were part of a program that ran from the late 1970's until the first Bush administration decided to shut it down, and were grandfathered in; their marijuana is supplied to them by the federal government.

Supreme Court sides with Obama on detainee photos

The nation's highest court overturns a ruling that would have forced the images' release

For now, the Obama administration and Congress have won their battle to keep photos of detainee abuse under wraps. On Monday, the Supreme Court overturned a lower court's ruling that had ordered the photos released.

The high court's action was expected, because Congress had passed a new law that exempted the images from disclosure after Defense Secretary Robert Gates certified that their release could be harmful to U.S. troops currently in the field. President Obama had initially supported the idea of lifting the veil of secrecy over the photos, but reversed course.

After Obama and his administration began fighting to keep the images secret, there were reports in the British press that the photos showed U.S. soldiers raping prisoners. Salon's coverage of the story -- Mark Benjamin spoke with retired Army Maj. Gen. Antonio Taguba, the supposed source for that report, and proved it wrong -- can be read here and here.

The case is headed back to the lower court for further review.

Scalia gets smeared on school segregation

A false report that the Supreme Court justice said he'd vote against a landmark case makes the rounds

A bombshell went off on the Internet Tuesday: At a recent event, Supreme Court Justice Antonin Scalia said that Brown v. Board of Education, the landmark desegregation case, was wrongly decided and that he'd have voted against the majority on it. This was, obviously, a big story -- a sitting justice saying he'd vote against Brown? Plus, everyone knew Scalia was conservative, but who knew he was that conservative?

Turns out there's a good reason no one knew Scalia is so far to the right on the issue -- he's not. He does, in fact, believe that Brown was correctly decided. The newspaper reporter that said Scalia had criticized the decision got his facts wrong. But that didn't stop more than a few people from picking up the story before legal blogger and constitutional law professor Jack Balkin found video of the event and showed that Scalia had been misquoted.

There's plenty of unfair criticism about blogs out there, but this is one area where the critics are absolutely right. Because of the nature of the medium and the pace of the blogosphere's news cycle, too many bloggers prioritize speed over quality, and they get burned on stories like this one as a result. In this case outlets like Huffington Post, Talking Points Memo, New York Magazine's Daily Intel blog and Political Wire, among others, all accepted the newspaper account uncritically and posted it.

Everyone gets a story wrong sometimes, there's no avoiding that. But in this instance, the bloggers who picked up the article could and should have avoided the situation. Scalia was never directly quoted saying something like, "I think Brown v. Board of Education was wrongly decided." The article, or at least this part of it, relied on paraphrasing. On a big story like this one, the lack of a direct quote demands, even more than usual, some stringent fact-checking. Before posting, it's just good practice to look for a primary source -- video, audio or a transcript from the event -- not to mention to check against Scalia's previous statements and even call the court for comment. It may mean you have to wait a few minutes, even a few hours, before posting what others already have, but it's better to be right than to be fast.

Supreme Court Justice Ginsburg hospitalized

The justice, who was also taken to the hospital last month, was released quickly

Supreme Court Justice Ruth Bader Ginsburg was hospitalized Wednesday night, the second time in less than a month she's been taken to the hospital. She was released Thursday morning, according to the Associated Press. 

Ginsburg had been on a plane bound for London with three of her colleagues, but according to a statement released by the court, "Prior to the plane taking off, the justice experienced extreme drowsiness causing her to fall from her seat." The court says that Ginsburg's doctors believe the incident was the result of a reaction to medicine, specifically a prescription sleeping aid and an over-the-counter cold medicine.

Ginsburg had surgery for pancreatic cancer in February, which she said was successful; since her return to the court, the AP says, she hasn't missed a day of work.

Will Supreme Court overturn state, local gun bans?

The Supreme Court takes a case on a hot-button issue: Whether the 2nd Amendment applies to the states

The Supreme Court agreed Wednesday to hear what could end up being one of the most important cases in the history of the battle over gun control and the Second Amendment.

The case follows in the wake of the court's landmark 2008 decision in District of Columbia v. Heller. For the first time, the justices found that the Second Amendment protects an individual right to bear arms, rather than "a right to participate in the common defense, as D.C.'s lawyer argued, and it struck down the city's handgun ban.

But Heller only affected the federal goverment -- and, by extension, places like the nation's capital. Though the courts have ruled over the years that various parts of the Bill of Rights bind state governments as well as the feds, that doctrine has never been applied to the Second Amendment. Given the current makeup of the court, it's likely that is about to change, and that certain state and local restrictions on guns will be declared unconstitutional.

Protect young voters -- save campaign finance reform

The Supreme Court may gut laws that were intended to keep corporations from dominating elections with their cash
Reuters/Andy Sullivan
Young voters listen to U.S. Senator Barack Obama (D-IL) at a rally in Cedar Rapids, Iowa, October 29, 2007.

Younger voters -- those in the under-30 crowd like me -- invested an incredible amount of energy and enthusiasm in the 2008 elections. More of us came out to vote than ever before. We gave not just our votes but also our shoe leather and time as campaign volunteers. We showed up at campaign events by the thousands. And nearly one in 10 of us donated money to a presidential candidate. As young people, we are discovering a civic voice all our own, with unique perspectives on many of the challenges facing the country, and have become a powerful part of the electorate.

The Supreme Court, which begins a new term on Oct. 5, is working on a final decision in a case that could radically threaten our ability to make much difference in politics. In Citizens United v. FEC, the most important issue is whether the court will overturn rules that govern corporate electioneering -- that is, ads that support or oppose a candidate. For decades, legislatures and the courts have sought to limit corporations' and unions' spending in elections. This is because these groups' disproportionate ability to spend massive sums can distort the electoral process.

For decades, Congress has secured the integrity of our democracy by requiring that corporations and labor unions wishing to fund advertisements supporting or opposing candidates do so through political action committees. Instead of allowing corporations to funnel monies directly from company coffers into campaign war chests, PACs are funded through individual contributions. Campaign finance law makes it harder for corporate cash to crowd out the voices of groups -- youth voters, grassroots activists, minorities -- who are without ready access to reservoirs of money.

The Supreme Court has so far upheld this balance. The precedents in two cases, McConnell and Austin, that the court is currently considering overturning in the Citizens United case are only the latest in a long line of decisions regulating corporate expenditures in elections. But the most recent of those cases, McConnell, was decided in 2003, and the court's composition has changed. With a new majority -- specifically, with Samuel Alito and John Roberts replacing Sandra Day O'Connor and William Rehnquist -- the Supreme Court now appears to be considering an about-face on the constitutionality of much of campaign finance reform. (A lower court just struck down some campaign finance reform in Emily's List v. FEC.) If the court overturns precedent as radically as many fear, corporations and labor unions could be able to support or oppose candidates with funds right out of their treasuries.

Why does this concern younger voters like me? While our political idealism and passion run deep, our pockets generally do not. We do give what and when we can, but we certainly cannot afford to match the kind of massive expenditures corporations and unions can make. Even as it is, the financial contributions of younger voters to successful candidates often represent just a tiny part of what those candidates end up raising. According to the Campaign Finance Institute, all small donors of any age account for only 6 to 22 percent of the funds collected by Democratic and Republican senatorial candidates.

The much discussed "small-donor revolution" of the 2008 election, however, signaled a hopeful change toward a broader base of support for campaigns. An increased emphasis on smaller contributions was a natural outcome of the campaign finance laws now under threat. Limits on the size and source of contributions pushed political parties and candidates to the grass roots, and to youth, for a broader base of support. Young people played an important role in this shift. Tens of thousands of young first-time donors gave contributions as small as $10 and encouraged others to do the same. In the aggregate, this made a big difference, not only because candidates had to cultivate young people and pay attention to their views, but also because it gave young people the feeling of being stakeholders in politics and in civic life.

But a bad outcome in the Supreme Court case would dramatically reverse all this. Giant vested interests in industries like telecommunications, education, finance, energy and healthcare could make unlimited expenditures to elect or defeat candidates, all depending on how those candidates vote. The scale of the difference is almost unimaginable, on the order of hundreds of billions of dollars, more than enough to overwhelm the impact of small donors and drown out any future political opposition to corporate interests in the country.

We as young voters stand out for our opinions on war, climate change, civil rights and the role of government. And as a group, we face our own unique set of problems. To take an example from the current focus on healthcare, over 13 million of us do not have health insurance, making young adults the nation's largest group of uninsured Americans. On top of this, we have on average more debt, mostly from student loans. On a more basic level, we have the most direct stake in the future health of our planet.

The question is, Will younger voters, or any other economically disadvantaged group, be able to influence government to address these issues if the ability of corporations and labor unions to influence politics is made even stronger? Will the candidates with our interests in mind be able to compete with opponents backed by wealthier interests?

If the Supreme Court decides to overturn a century of precedent, the answers are bleak. But the young people who found their civic voice in the last election are unlikely to remain silent now. We may not be able to influence the way the Supreme Court votes, but we can stand prepared for the worst. Voluntary public funding for campaigns is one response we can call on Congress to make to the court's decision. While opening the floodgates on modern corporations' ability to fund electioneering would have unprecedented consequences, well-designed public funding systems could at least give serious candidates a better chance to compete, even if their stances aren't popular with wealthier interests. Public funding would also help allow the grass-roots activities we young Americans proved ourselves so capable of in 2008 continue to make a significant difference. In short, it would help ensure that we still matter to our democracy, no matter how the court rules.

Justice Ginsburg taken to hospital

The Supreme Court justice, diagnosed with cancer earlier this year, is reportedly in stable health

Supreme Court Justice Ruth Bader Ginsburg was taken to the hospital Thursday night after feeling faint. A statement from the court says the trip to the hospital was precautionary, and that she was found to be in stable health.

Ginsburg, 76, was diagnosed with pancreatic cancer earlier this year. She underwent surgery for it in February, but has reportedly looked healthy while on the bench.

The full statement:

U.S. Supreme Court Justice Ruth Bader Ginsburg was taken to the Washington Hospital Center this evening after feeling ill in her Chambers earlier in the day. The Justice felt ill at 4:50 p.m., about an hour after an iron sucrose infusion to treat an iron deficiency anemia that was administered at the Office of the Attending Physician.

The Justice underwent a comprehensive assessment of health in July 2009. This involved medical evaluation, imaging scans, and comprehensive blood tests. The result of this evaluation was that she was in completely normal health with the exception of a low red blood cell count caused by deficiency of iron. Intravenous iron therapy was administered in a standard fashion.

One hour following the completion of this infusion, she felt faint, developed light headedness and fatigue. Medical assistance was summoned from the Office of the Attending Physician and medical evaluation disclosed a slightly low blood pressure which can occur following this treatment. She was monitored at the Court, blood tests were performed and she was found to be in stable health. Fluids were administered and her symptoms improved, but she was taken as a precaution for evaluation at the Washington Hospital Center at approximately 7:45 p.m.

Page 1 of 77 in The Supreme Court Earliest ⇒

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