FROM Jeffrey Rosen
Antonin Scalia: His Legacy in Law and Politics The late Justice Antonin Scalia relished the use of vivid language in fiery debates about the Constitution, politics and social issues. Almost immediately after his sudden death was announced on Saturday, Republicans and Democrats got right to it. The unexpected vacancy leaves the Court divided evenly between the Left and the Right. Should it be filled by President Obama or by his successor? With nine months left in the bitter race for the White House, abortion, voting rights, affirmative action and immigration are issues that could be left hanging.
Supreme Court Justices Weigh Future of Healthcare Law Whatever its ultimate ruling in June may be, the US Supreme Court made history this week. It's taken two years for the Affordable Care Act to reach the Court, which is lightening speed by normal standards. After three days of arguments , the fate of President Obama's most important legislative achievement is very much up in the air. Will the Supreme Court throw out the "mandate" to buy insurance? What about requirements already in effect, like insurance despite pre-existing conditions? What's the potential impact on this year's presidential election?
Kagan in the Spotlight After yesterday's opening statements , the Senate Judiciary Committee today got down to the business of interrogating Elena Kagan , the President's latest nominee for the US Supreme Court.
Part 1: Obama Picks Elena Kagan for Supreme Court President Obama has nominated Elena Kagan to replace John Paul Stevens on the US Supreme court. She’s been a law clerk, Dean of Harvard Law, Advisor to President Clinton and she’s the current Solicitor General, representing the Obama Administration before the court.
Supreme Court: Use Side Entrance No longer will Americans seeking justice in the highest court of the land climb the 45 marble steps to the US Supreme Court. The six-ton bronze front doors have been closed to entrants , although they will still be used by those leaving. Two justices opposed closing the doors , beneath the inscription "Equal Justice Under Law," calling them "a metaphor for access to the court itself." Jeffrey Rosen is Professor of Law at George Washington University.
The Candidates and the Supremes We hadn't heard much about the Supreme Court until this week's final debate . John McCain and Barack Obama were asked what sort of justices they would appoint, and it is clear that they differ profoundly on the subject. The current Court is four judicial conservatives – Alito, Roberts, Thomas and Scalia, four judicial liberals— 88-year old Stevens, 75-year old Ginsburg, Breyer and Souter, and one swing vote, Anthony Kennedy. The next president is likely to appoint at least one, and perhaps as many as three, new justices. Since the justices most likely to retire are on the liberal side of the Court, Obama would likely appoint justices who would maintain the status quo; McCain could create the most conservative Court since the 50's. What sort of impact will the next Court have on our lives? We look at what's at stake, from abortion to affirmative action.
Supreme Court '07-'08 Term Wrap-up When the US Supreme Court shut down last year for its summer recess, court watchers were stunned by the number of 5-to-4 decisions and the bitter language used by some of the justices. Chief Justice John Roberts had promised a collegial atmosphere that would produce greater unity. The court ended this year's term with a burst of 5-to-4 splits on high-profile issues, but for the most part, last year's patterns did not hold. We hear about the death penalty , voter ID , guns and Guantánamo Bay . Has President Bush succeeded in pushing the court to the right? With as many as three retirements possible, what can voters expect from John McCain or Barack Obama ?
Abortion: After the US Supreme Court's Latest Decision Women still have the right to choose an abortion in the United States, but not by "intact dilation and extraction," also called "partial birth abortion." Last week's US Supreme Court decision upheld a ban based not on the physical health of the mother but the fear that a gruesome procedure might cause women emotional harm, including "regret," "severe depression" and "loss of esteem." Dissenting justices find that "alarming." Other critics call it "legal paternalism" and "19th Century thinking about women's rights." What do women and their doctors do now? Did abortion-rights drop the ball when Alito and Roberts were named to the court?
Who's to blame for the opioid crisis? Some of the lawyers who took on Big Tobacco are now going after Big Pharma. It’s all about the deadly epidemic of opioid use. Are the drug companies to blame? What about the users? Later, on today’s Talking Point: making sense of Britain’s upset election.