Justice Samuel Alito

  • November 19, 2014

    by Caroline Cox

    Simon Lazarus argues at The New Republic that supporters of the Affordable Care Act are inadvertently recycling conservative arguments when defending the healthcare law against the latest legal challenge.

    At The Economist’s Democracy in America blog, Steve Mazie considers empathy on the Supreme Court. He argues that their “small and privileged” circles limit their perspectives.

    Stephanie Mencimer discusses the Alabama redistricting cases for Mother Jones, arguing that the state that helped gut the Voting Rights Act is now using it to justify racial gerrymandering.

    Oliver Roeder of FiveThirtyEight explains why it is so difficult to predict Supreme Court rulings.

    At CNN, Ed O’Keefe reports on Justice Samuel Alito’s recent remarks about the press and criticisms of the Court’s lack of diversity. 

  • October 27, 2014

    by Caroline Cox

    On the Media discusses the recent ACS-sponsored “Skewed Justice” report with Joanna Shepherd, co-author of the study and Professor of Law at Emory Law School.

    In The Boston Globe, Martha Minow writes about the large number of Americans who cannot afford legal counsel and the risk that this poses to the principle of “equal justice under law.”

    Adam Liptak reports in The New York Times on the recent Yale Law School visit of Justice Clarence Thomas, Justice Samuel Alito Jr., and Justice Sonia Sotomayor where the justices discussed the Court’s wariness of new technology, diversity, and salsa dancing.

    In USA Today, Richard Wolf previews Zivotofsky v. Kerry, a case that considers which branch of government has the authority to recognize foreign countries.

    Dahlia Lithwick of Slate questions the Supreme Court’s eagerness to protect First Amendment rights and ignore the rights to vote and obtain an abortion.

    The Editorial Board of the Los Angeles Times laments the new era of voter suppression. 

  • June 2, 2014
    Guest Post

    by Frank Housh, owner of Housh Law Offices, PLLC, and chair of the ACS Western New York Lawyer Chapter. He participated in the preparation of the petition for a writ of certiorari in Johnson v. Texas, 509 US 350 (1993), a case related to the issue of the intellectual capacity of the defendant in a capital case.

    The Supreme Court’s May 27 decision in Hall v. Florida makes clear that fundamental notions of human dignity and the validity of the scientific method axiomatic in developed nations of the 21st Century have found no purchase by the majority of the Court. As a nation which still executes its own, the United States remains a peculiar outlier in the international order; the fact that our constitutional jurisprudence still tinkers with the obsolete machinery of death drags down the rule of law below the minimum standards of the world community.

    In 1989, a 5-4 Supreme Court in Atkins v. Virginia held that executing the “mentally retarded” was a violation of the Eighth Amendment. “Mentally retarded,” however, remained undefined in the decision. What followed was a macabre race to the bottom among the states, including Florida’s bright-line standard that funneled those capital defendants with an IQ of 69 or less to life without parole and those with a score of 70 and above to the gallows (Freddie Lee Hall scored a 71). Unfortunately, that race continues, as Hall does little to clarify the issue.

    Hall had two holdings: first, the more palatable “intellectual disability” is the phrase of choice over “mental retardation;” second, IQ score alone cannot be the final and conclusive evidence of the defendant’s intellectual capacity because “experts in the field would consider other evidence” due to the presence of a “standard error measurement.” No further guidance was given as to what constitutes a constitutionally permissible scheme to determine the the minimum standard of intellectual function necessary to strap someone to a gurney and shoot poison into them until they die.

  • May 22, 2014
    Last night, the Supreme Court stayed the execution of Russell Bucklew, a Missouri inmate convicted of rape and murder. The Court granted the stay after Bucklew’s lawyers noted that his rare health condition would cause excruciating pain if he was executed via lethal injection. Robert Barnes and Mark Berman at The Washington Post discuss the role Justice Samuel A. Alito Jr. played in the decision.
     
    On Tuesday, Judge John E. Jones III of the U.S. District Court for the Middle District of Pennsylvania ruled that the state’s ban on gay marriage violated the Constitution. Gov. Tom Corbett (R-Penn.) announced that he will not appeal the decision. Trip Gabriel at The New York Times reports on the victory for gay and lesbian couples in the Keystone State. 
     
    Writing for TIME, Andrew Rossi comments on the state of higher education as it begins to benefit more private than public interests.
     
    At Jost on Justice Kenneth Jost explains why “the history of the fight for marriage equality is yet to be written.” 
  • March 19, 2013
    Guest Post

    by Spencer Overton, a Professor of Law at The George Washington University Law School and a Senior Fellow at Demos.This piece is crossposted at The Huffington Post.

    I attended yesterday’s U.S. Supreme Court oral argument in the Arizona voter registration case.  The argument went well generally, but Justice Alito suggested the Justices would create a “crazy” double standard by requiring that Arizona election officials accept the federal registration form. 

    Alito’s concerns are unwarranted.  Arizona chose to create two standards when it chose to add special “proof of citizenship” to register. 

    The National Voter Registration Act requires that all states “accept and use” a single, uniform voter registration form for federal elections (states can also still use their own registration forms). 

    The Federal Form requires that prospective voters check a box and sign an affirmation that they are U.S. citizens under penalty of perjury. 

    Arizona, however, adopted a state law requiring “satisfactory proof” of U.S. citizenship to register, such as a birth certificate, U.S. passport, or state driver’s license that shows citizenship. As a result, Arizona rejected over 31,000 registrations that lacked its “proof of citizenship” -- including Federal Forms -- even though Arizona concedes it has no evidence that any of these individuals were non-citizens.

    My take is that Arizona must accept all Federal Forms that comply with the citizenship affirmation rules set by Congress. The federal Act was designed to expand participation in federal elections by streamlining the registration process with a simple, uniform Federal Form that prevents states from piling on additional hurdles to register.  Indeed, as Justice Sotomayor mentioned, Congress explicitly rejected an amendment that would have allowed states to require “documentary evidence” of U.S. citizenship.