Earlier this morning, the Supreme Court heard oral argument in two cases which raise the question of whether or not police can search confiscated cellphones of arrestees without a warrant. In both cases, the defendants argued that the information obtained from their cell phones by police was in violation of the Fourth Amendment. NPR’s Nina Totenberg discusses Riley v. California and United States v. Wurie.
Yesterday, the Supreme Court denied cert in Jackson v. Louisiana, a case that examined whether or not a non-unanimous jury verdict violates the Sixth Amendment. At CAC’s Text & History Blog, Brianne Gorod explains why the high court’s failure in taking the case “is not only tragic, it’s inexplicable.”
Yesterday, the U.S. Court of Appeals for the Fifth Circuit heard arguments concerning whether a state law can close the last abortion clinic in Mississippi. Writing for MSNBC, Irin Carmon asserts that “what’s at stake stretches far beyond Mississippi.”
At Just Security, Marty Lederman explains why the Director of National Intelligence James Clapper’s Directive 119, which “prohibits employees of the Intelligence Community from unauthorized ‘contacts’ with the media about intelligence ‘sources’ ” isn’t a “clear-cut matter.”
A new Justice Department initiative could expand clemency eligibility for nonviolent drug offenders. Announced Wednesday by Deputy Attorney General James M. Cole, the plan “would canvass the entire federal prison population for the first time to find inmates who committed low-level crimes and could be released early.” Matt Apuzzo at The New York Times examines the implications of the DOJ’s decision.
Justice Sonia Sotomayor read her impassioned dissent in Schuette v. Coalition to Defend Affirmative Action from the bench Tuesday, stating that the plurality were “out of touch with reality [and] one not required by our Constitution.” MSNBC’s Adam Serwer reports on the “simmering tensions over the high court’s approach to race.”
Garret Epps at The Atlantic explains how Seventh Circuit Judge Richard Posner’s opinion involving a chicken-gutting case, demonstrates “how judges change details they don’t like.”
Joel Mintz at the CPRBlog explains why the Environmental Protection Agency’s Final Enforcement Strategic Plan “contains a modest silver lining in an ominous dark cloud.”
At Womenstake, Beccah Golubock Watson discusses a bipartisan effort by a group of senators to reduce sexual assault on college campuses.
New laws throughout the country are restricting access to abortion clinics. In 2013, “22 US states adopted 70 different restrictions on abortion, including late-abortion bans, doctor and clinic regulations, limits on medication abortions, and bans on insurance coverage.” Writing for The Guardian, Erika L. Sánchez explains why those who can’t reverse Roe v. Wade are “focusing on generating enough red tape to shut down as many abortion facilities as possible.”
The U.S. Court of Appeals for the Tenth Circuit is preparing for oral argument in a case challenging Oklahoma’s same-sex marriage ban. Similar to Utah’s controversial law at issue in Kitchen v. Herbert, Oklahoma’s law “prohibits gay couples from marrying and prevents the state government from recognizing such unions performed anywhere else.” Emma Margolin at MSNBC breaks down Bishop v. Oklahoma.
Writing for The New York Times, ACS Board Member Linda Greenhouse breaks down McCutcheon v. Federal Election Commission and its “indecent burial” of campaign finance.
Tonight on C-SPAN, Supreme Court Justices Ruth Bader Ginsburg and Antonin Scalia will discuss the First Amendment and “the contemporary meaning of freedom.”
At The Atlantic, Andrew Cohen discusses “secession by attrition” in which a collection of senators are “starving the federal courts of the trial judges they need to serve the basic legal needs of the litigants who come to court each year seeking redress of their grievances.”
Writing for Daily Kos, Jon Perr criticizes Politico’s recent piece “Obama now outpaces George W. Bush on judges,” for its misleading message. While the Obama administration has made some “headway” against Senate Republicans’ egregious obstruction of the president’s judicial nominations, Perr reveals how Politico’s data shows that President Obama’s nominations have been “confirmed at a lower rate than President Bush’s.”
Yesterday, President Obama signed two executive orders that “will prevent retaliation against employees who disclose compensation information and will require businesses to include race and gender information when reporting compensation data.” Keli Goff at The Root comments on this critical step towards ensuring workplace equality.
At the Daily Journal, Richard L. Hasen discusses Justice Clarence Thomas’ concurring opinion in McCutcheon v. Federal Election Commission and the "faux judicial restraint" of the chief justice’s “gradualism.”
Michelle Olsen at Appellate Daily notes a recent petition to the high court requesting oral argument in a case involving threats made on Facebook.
Yesterday, the U.S. Court of Appeals for the Fifth Circuit stayed, pending litigation, a district court decision that had struck down parts of Texas’ controversial abortion law. The key provisions of the law, “pertaining to hospital privileges for physicians who perform abortions and protocols for abortion-inducing drugs,” have ignited ardent protest from Planned Parenthood and other pro-choice groups. Greg Botelho at CNN follows this decision.
The Obama administration has announced its plan to reform the National Security Agency’s bulk collection of phone records. Adam Serwer at MSNBC discusses how these changes will impact the NSA and the concerns that remain regarding “bulk preservation.”
Writing for Balkinization, David Gans urges the Supreme Court to “recognize that the rights of Hobby Lobby’s thousands of employees—who have deeply held beliefs and convictions of their own—are at stake here, too.”
Last year, the Supreme Court struck down the “preclearance” provision in the Voting Rights Act of 1965, “a critical tool that prevented discrimination.” At The Root, Julian Bond urges Congress to pass the Voting Rights Amendment Act to ensure that “minorities have an equal voice in our democracy.”
Josh Gerstein at Politico reports on the 13-month sentence that may await a former State Department contractor who leaked classified information to Fox News.