Posts filtered by tags: Lochner[x]


Symposium: June Medical and the many faces of judicial discretion

Jane Schacter is the William Nelson Cromwell professor of law at Stanford Law School. She signed an amicus brief in support of the petitioners in June Medical Services v. Russo. The headline from the 5-4 decision in June Medical Services v. Russo striking down Louisiana’s abortion restriction is unquestionably the vote of Chief Justice John Roberts. He determined the outcome. While he may have previewed his position a year ago when he voted to stay the ruling from the U.S. Court of Appeals for t...
Tags: Health, Texas, Featured, Law, Stanford, Louisiana, King, John Roberts, Roberts, Williamson, Lochner, Alito, U S Court of Appeals, Casey, Stephen Breyer, Breyer

Making (New) Sense of Jacobson

Courts deciding constitutional challenges to governmental COVID stay-at-home and business-closure measures and the like have struggled to make sense of how to apply the Supreme Court’s 1905 decision in Jacobson v. Massachusetts. Jacobson rejected 14th Amendment challenges to the state’s mandatory (with criminal penalty) smallpox vaccination requirement. Read with modern spectacles Jacobson looks extraordinarily deferential to the state. “[I]n every well-ordered society charged with the duty of c...
Tags: New York, Supreme Court, Massachusetts, Court, Branding, Harlan, Lochner, Peckham, Jacobson, Jason Mazzone, Massachusetts Jacobson, New York There, Jacobson Justice Peckham, Jacobson Jacobson

Copyright, State Sovereignty, and Pirates: Some Thoughts on Oral Argument in Allen v. Cooper (Guest Blog Post)

by guest blogger Glynn Lunney, Texas A&M Law School When our country was founded, one of the central issues was how much of their sovereignty the states would cede to the new federal government and how much they would retain for themselves. In 1794, the addition of the 11th Amendment to the Constitution ensured that states would retain one key aspect of sovereignty vis-a-vis the new federal government: sovereign immunity. Over two hundred years later, the discovery of a pirate ship re-raises th...
Tags: Florida, Law, Congress, Court, US, Copyright, Park, United States, Monsanto, North Carolina, College Savings, Young, South Carolina, Lucas, Anne, U S Supreme Court

Response to Comments on Rationing the Constitution

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Tags: New York, Texas, Supreme Court, Congress, Washington, Court, David Marcus, Philip Roth, Johnson, Cornell, Unknown, Branding, Clinton, Marcus, Social Sciences, Trump

Why Critics of Court-Packing Proposals Aren't Watching the Whole Board of Politics

David Super's post on Court-packing properly sees Court-packing proposals in a larger political context. Rather than assuming that the proposals would be implemented in a politics-free world, he knows that they can succeed only if Democrats control the Presidency and both houses of Congress, and that Republican retaliation could occur only after Republicans regained control of all three (although that point gets a bit blurred because of his attention to the Senate -- Court-packing will stick as ...
Tags: Supreme Court, Congress, Senate, Court, Branding, Democratic, Overton, Lochner, Mark Tushnet, David Super, Whole Board of Politics, Senate Court

Ask the author: “The great oracle of American legal thought” – revisiting the life and times of Justice Holmes

The following is a series of questions posed by Ronald Collins to Stephen Budiansky concerning Budiansky’s book “Oliver Wendell Holmes: A Life in War, Law, and Ideas” (W.W. Norton, 2019, 592 pp., cloth: $29.95). Stephen Budiansky is the author of 17 books of biography, history and science. He was a recipient of a Guggenheim Fellowship in the Creative Arts in 2011. Welcome, Stephen, and thank you for taking the time to participate in this question-and-answer exchange for our readers. And congra...
Tags: New York, Hollywood, Featured, Supreme Court, Law, Washington, Boston, Virginia, Massachusetts, Book Reviews, America, Harvard, United States, Ireland, Winston Churchill, Catholic

Lochner leads Germany to another bobsled win

Johannes Lochner drove his four-man bobsled team to victory on Sunday, keeping Germany unbeaten in World Cup races this season.
Tags: Germany, Sport, Lochner, Johannes Lochner

Germany extends bobsled World Cup winning streak

KOENIGSSEE, Germany (AP) — Germany is still unbeaten in World Cup bobsled races this season, after Johannes Lochner drove to a victory in a four-man race Sunday. Lochner led after the first heat and needed to finish his second heat in less than 48.95 seconds to hold on and beat the sled driven by Latvia’s […]
Tags: News, Germany, Sports, Ap, Latvia, Lochner, KOENIGSSEE Germany, Johannes Lochner

Before lecture on war powers, Gorsuch laments public’s lack of knowledge of the judiciary

On Wednesday night, the Supreme Court Historical Society hosted a lecture by Professor Matthew Waxman on Charles Evans Hughes’ evolving thoughts on the flexibility of constitutional restrictions on government during wartime and peacetime. As is typical of these events, a sitting justice introduced the lecturer. This time it was Justice Neil Gorsuch, the first time he has spoken at a historical society event. Generally, the justices speak briefly. They usually thank the society for hosting the le...
Tags: Europe, Law, Congress, North Korea, France, America, United States, New York Times, Wilson, Thomas Jefferson, Hughes, Waxman, Lochner, Woodrow Wilson, James Madison, Warren Harding

Empirical SCOTUS: The big business court

The current Supreme Court is friendly toward big business. How friendly? If the court’s trajectory continues, perhaps as friendly as any court dating back to the Lochner era, when laissez-faire policies permeated the court’s rulings. Prominent scholars, most notably Lee Epstein, William Landes and Richard Posner, have found empirical support for the proposition that the current court is more pro-business than previous iterations. (That study was recently updated through the 2015 term.) This post...
Tags: Apple, Featured, Supreme Court, Law, Wall Street, Los Angeles, ExxonMobil, Pepper, South Dakota, Citizens United, Archer, Warren, Exxon, Kennedy, Paul Clement, Securities And Exchange Commission

Potential nominee profile: Don Willett

Of all the names on President Donald Trump’s list of potential Supreme Court nominees, Don Willett’s may be the best known outside rarefied legal circles. That’s because while he was running for his second term on the Texas Supreme Court in 2012, Willett embraced Twitter as a way to get his campaign message across, and Twitter embraced him back. Although Willett dialed down on his tweeting after he was nominated for a seat on the U.S. Court of Appeals for the 5th Circuit, he has 109,000 Twitter ...
Tags: New York, Texas, Featured, Supreme Court, Law, Senate, White House, Court, America, Austin, United States, Williams, Rick Perry, Davis, Fox News, Oklahoma

Constitutional Political Economy When the Court is to the Right of the Country

By Joseph Fishkin & William E. ForbathMost Americans, even well-informed Americans, understand the fight over a new Supreme Court justice largely in terms of certain high-salience issues in constitutional politics such as abortion, affirmative action, the death penalty, or perhaps the religious rights of a conservative Christian to refuse to serve a gay couple. We seem a great distance, in other words, from 1936, when President Roosevelt ran for re-election against the “constitutional-economic ...
Tags: Supreme Court, Court, Alabama, United States, Citizens United, States, Republican Party, Illinois, Paramount Pictures, Chamber of Commerce, Kennedy, Jones, South, Branding, Southwest, Trump

Morning Docket: 06.14.18

* The New York American Inn of Court presents, “Fast Times at Ruth Bader Ginsburg High.” You'll never think of Phoebe Cates the same way again. [New York Law Journal] * In the wake of decades of sexual abuse, Michigan State turned to former Republican governor John Engler to serve as interim president and steer the school back from this tragedy. His response is to smear the victims. The only shocking thing about this is that anyone expected a different result. [Detroit Free Press] * Apple is m...
Tags: Apple, Technology, Supreme Court, Privacy, Law, Police, Sports, United States, Golf, Sexual Abuse, Ruth Bader Ginsburg, Courthouse News Service, Michigan State, Detroit Free Press, Lochner, Phoebe Cates

The Supreme Court as running dog of the capitalist empire: Reflections on the Arbitration Act cases

A sensationalist title, to be sure.  But it is important to recognize that the deepest ideological commitment of the current majority reveals itself not necessarily in constitutional law cases, where Anthony Kennedy, and even on occasion some of the other conservative justices, reveals a willingness to go off on what many of us would regard as "progressive" directions, just as some of the liberal justices, especially Breyer, can be found joining with his conservative colleagues in certain crimin...
Tags: Texas, Supreme Court, Congress, Iraq, Court, US, Kansas, Bell, Branding, Scott, Brown, Holmes, Powell, Rosenberg, Lochner, Roe

Symposium: Latest assault against workers by the Supreme Court

Nicole G. Berner is general counsel and Claire Prestel is associate general counsel of the Service Employees International Union. SEIU joined an in support of the employees in Epic Systems Corp. v. Lewis. In recent years it has become increasingly common to hear chatter — even among progressives – that labor unions and worker organizing are obsolete relics of past glories. Yet anti-worker corporate interests have never lost sight of the fact that workers can wield enormous power when they join...
Tags: Featured, Supreme Court, Law, Congress, America, West Virginia, Arizona, Ruth Bader Ginsburg, Lochner, Service Employees International Union, Norris, Epic Systems, Service Employees International Union SEIU, Neil Gorsuch, Epic Systems Corp, Claire Prestel

A “view” from the courtroom: Strength in numbers (Corrected)

After the court put a major dent in its pending caseload last week, with five relatively significant decisions, including the much-discussed ruling favorable to sports betting in Murphy v. NCAA, the odds on this week’s lone opinion day is that we’ll get fewer decisions. We had to jump on a plane right after decisions last Monday to get to a conference in Los Angeles, where the weather was sunny and in the 70s. Did it rain here last week? The court takes the bench at 10 a.m., with Justices Claren...
Tags: Featured, Law, Congress, Washington, Los Angeles, United States, Davis, Ncaa, Ruth Bader Ginsburg, Faa, University Of California, National Labor Relations Board, Thomas, Sonia Sotomayor, Lewis, Morris

BREAKING: In “Epic” Decision, Supreme Court Approves of Employer Use of Class Action Waivers in Arbitration Agreements

In an important 5-4 decision, the U.S. Supreme Court this morning held, for the first time, that class or collective action waivers, particularly in wage/hour cases, and contained in arbitration agreements between employers and employees are valid and enforceable. Because wage and hour class and collective actions are quite costly for employers to defend against, this decision should cause employers in Connecticut (and nationwide) to re-evaluate their employment relationships with employees and ...
Tags: Supreme Court, Law, Congress, Court, Connecticut, Faa, National Labor Relations Board, Class Action, Agreement, Class Actions, Board, Arbitration, Lewis, U S Supreme Court, Ginsburg, Lochner

Ask the author: “We the Corporations”

The following is a series of questions posed by Ronald Collins to Adam Winkler on the occasion of the publication of Winkler’s book “We the Corporations: How American Businesses Won Their Civil Rights” (Liveright, 2018, $28.95, pp. 471). Adam Winkler is a professor of law at the University of California at Los Angeles. His last book was “Gunfight: The Battle over the Right to Bear Arms in America” (W.W. Norton, 2011). Welcome, Adam, and thank you for taking the time to participate in this ques...
Tags: Featured, Supreme Court, Law, Virginia, Book Reviews, America, Ford, Citizens United, Davis, Ferguson, Lgbtq, Dodge, Naacp, Chamber of Commerce, Exxon, Kennedy

Symposium: A ruling for plaintiffs would revive Lochner

Catherine Fisk is a professor of law at the U.C. Berkeley School of Law. Janus v. American Federation of State, County, and Municipal Employees, Council 31 presents a First Amendment challenge to all Illinois public-sector labor-relations statutes and all Illinois government labor contracts that require union-represented employees to pay a fee to the union for services that the union is required by law to provide. Mark Janus asks the Supreme Court to overrule its 1977 decision in Abood v. Detroi...
Tags: Featured, Supreme Court, Law, California, Massachusetts, Michigan, Quinn, Illinois, Nlrb, Keller, Antonin Scalia, HARRIS, Scalia, Board of Regents, Abood, Detroit Board of Education

Germany's Lochner wins four-man bobsled gold

Germany's Lochner wins four-man bobsled gold
Tags: Germany, Sport, Lochner

"Leaving Lochner Behind"

"Leaving Lochner Behind": Mark Pulliam has this post at the blog of the Library of Law and Liberty.
Tags: Law, Lochner, Mark Pulliam

Summer reading for court watchers

Now that October Term 2016 is over and the history of the Supreme Court has turned another page, there’s time to relax and savor the riches of a good book related to the court. Below is a list, by no means comprehensive, of mostly recent books. Included among them are books by the justices themselves, or about their work product, or about their nominations to the court, or about their inner workings, among other things. Books by sitting justices — Ruth Bader Ginsburg, My Own Words (2016) (ed...
Tags: Featured, Supreme Court, Law, Court, Book Reviews, America, United States, Lincoln, Bronx, Johnson, Illinois, Miranda, Ruth Bader Ginsburg, Barbas, Thomas, Nixon

Women behind the bar (and the bench): Ginsburg presides over re-enactment of Goesaert v. Cleary

“So, anything goes?” Justice Ruth Bader Ginsburg asked counsel Roy Englert on Monday at the Supreme Court, in a re-enactment of the 1948 Supreme Court case Goesaert v. Cleary, an event sponsored by the Supreme Court Historical Society and the Women’s Bar Association for the District of Columbia, which celebrates its 100th anniversary on May 17. “Anything the legislature wants to do with regard to women’s occupations, as long as someone could conceive of some basis for it, that’s good enough” for...
Tags: Featured, Supreme Court, Law, Michigan, Shakespeare, Ruth Bader Ginsburg, Jones, Reed, Rosie, John Roberts, Richardson, Gideon, Ginsburg, Lochner, Dearborn Michigan, Maynard

Michael Klarman and the Legacy of Charles Beard

Laura KalmanFor the Symposium on Michael Klarman, The Framers' Coup: The Making of the United States Constitution.                The Framers’ Coup is at once a wonderful book and achievement. It provides a vibrant one-volume account of the Founding from the period when the flaws in the Articles of Confederation became evident through the drafting and ratification of the Constitution and the adoption of the Bill of Rights.   It displays its author’s immersion in the era’s correspondence, peri...
Tags: New York, Supreme Court, Congress, Virginia, Massachusetts, New York City, Society, Chicago, Pennsylvania, United States, New Hampshire, Cambridge, Manhattan, Philadelphia, Princeton University Press, Wood

The Misguided Article V Convention

David Marcus Since the 1970s, conservatives have vastly outspent and out-organized progressives in their efforts to control state-level politics. These efforts have produced impressive fruit:   Republicans now enjoy majorities in 66 of 99 legislative chambers nationwide, and Republican governors preside in 33 states. As any student of redistricting knows, state-level dominance may have profound national implications. The party that controls state institutions has various levers to pull ...
Tags: Congress, United States, Citizens United, David Marcus, ALEC, Koch Brothers, Branding, Guest Blogger, Arizona Legislature, Lochner, Thornton, John Birch Society, American Legislative Exchange Council, Electoral College, Arizona Senate, Eagle Forum

Friday round-up

At The Economist, Steven Mazie discusses Wednesday’s argument in Endrew F. v. Douglas County School District, in which the court considered what level of educational benefit students with disabilities must receive, observing that it “now falls on the justices to decide whether to endorse the 10th circuit’s all-too-minimal standard for educational equality for disabled students or to articulate a higher standard,” and that the “tenor of the argument suggests they’d like to find a way to do the la...
Tags: New York Post, New York, Supreme Court, Law, United States, New York Times, Donald Trump, David Lat, Kennedy, Bloomberg Bna, Trump, Round-up, Bloomberg View, Noah Feldman, Donald J Trump, Adam Liptak

Supreme Court Weighs If Some Credit Card 'Swipe' Fees Violate The 1st Amendment

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Tags: New York, News, Supreme Court, Washington, Donald Trump, Huffington Post, Cristian Farias, Sonia Sotomayor, U S Supreme Court, Lochner, Alito, Stephen Breyer, Breyer, Gupta, Elena Kagan, Schneiderman

Argument analysis: Merchants seem to fall short in challenge to New York statute banning credit-card “surcharges”

The oral argument yesterday morning in Expressions Hair Design v. Schneiderman brought the justices face to face with the battle between merchants and credit-card networks over the “interchange” fees that merchants pay when they accept cards in retail transactions. The dispute that got the fees before the justices involves a New York statute that says that “[n]o seller in any sales transaction may impose a surcharge on a holder who elects to use a credit card in lieu of payment by cash, check, o...
Tags: New York, Featured, Justice, Law, Analysis, United States, Sonia Sotomayor, Lochner, Alito, U S Court of Appeals, Sotomayor, Breyer, Gupta, Elena Kagan, Kagan, Wu

Chuck Schumer: Roe v. Wade Important In Whether Democrats Will Block Trump’s SCOTUS Nominees

WASHINGTON ― Senate Minority Leader Chuck Schumer (D-N.Y.) is promising that Democrats will block Donald Trump’s Supreme Court picks if they’re not in the “mainstream,” and a key determination of whether they fit that definition may be where they stand on the landmark 1973 abortion case, Roe v. Wade.  “They have to follow the law,” Schumer said in an interview with The Huffington Post on Thursday. “For instance, Roe v. Wade has been the law for a long time. If these people want to just repeal a...
Tags: New York, Rachel Maddow, News, Supreme Court, Washington, Senate, Barack Obama, Gop, Mitch McConnell, Msnbc, Donald Trump, Huffington Post, Trump, Amanda Terkel, Antonin Scalia, Wade

SCOTUS for law students: Roe v. Wade and precedent

Next month will mark 44 years since the Supreme Court declared the existence of a constitutional right for women to choose to terminate their pregnancies through abortion. Yet, unlike any other decision in recent decades, the longevity of Roe v. Wade as precedent remains in doubt, under continual attack in courts, legislatures and political campaigns. The curious status of Roe was brought into dramatic relief last month when CBS aired an interview with President-elect Donald Trump on its “60 Min...
Tags: New York, Supreme Court, Law, Catholic Church, Cbs, Donald Trump, Trump, Board of Education, Lochner, Roe, Casey, David Souter, Hodges, Obergefell, Plessy, Souter