Proposition 8

Proposition 8: What Happens Next?

Jillian Rayfield | February 8, 2012, 6:18AM

Now that a Ninth Circuit panel has ruled that California's ban on gay marriage is unconstitutional, it seems inevitable that the ruling on Proposition 8 will eventually be appealed to the Supreme Court. But whether the Supreme Court agrees to hear it is another story.

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Texas Redistricting

Supreme Court Hears Oral Arguments In Texas Redistricting Case

Ryan J. Reilly | January 9, 2012, 5:00PM

The Supreme Court in Washington, DC

The Supreme Court heard oral arguments on Monday in a case that could have big legal consequences in Texas this election year as well as portend an uncertain future for Section 5 of the Voting Rights Act.

The justices seemed to struggle with how to handle a case focusing on Texas redistricting given the tight time constrains and the need to implement some map for the 2012 election. At issue is whether a panel of federal judges in San Antonio had gone too far when they drew up interim redistricting maps before a separate panel of judges had ruled on whether the original maps drawn by the legislature were discriminatory. Under Section 5 of the Voting Rights Act the burden of proof is on Texas to prove that their redistricting maps were not discriminatory, because of the state's history of racial discrimination.

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Alan Keyes

Supreme Court Rejects Alan Keyes' Birther Lawsuit

Jillian Rayfield | October 4, 2011, 1:43PM

Former IL Sen. candidate Alan Keyes (R)

The Supreme Court will not hear a 'birther' lawsuit from conservative activist Alan Keyes and members of the American Independent Party, which argued Barack Obama is ineligible to be President.

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Campaign Finance

Post-Citizens United, SEC Should Force Political Disclosure, Report Argues

Susan Crabtree | September 7, 2011, 6:05AM

With the 2012 political money machine now in full post-Labor Day gear, watchdog groups are trying to turn up the pressure on businesses and unions to disclose every dollar they spend on behalf of candidates, even though that kind of transparency isn't required by law.

This is the first presidential campaign after the Supreme Court's Citizen's United decision, which unlocked the floodgates for unlimited corporate and union donations, and the candidates and their supporters are already pushing fundraising to new limits with the creation of the first Super PACs -- super-sized organizations full of unlimited corporate and union cash that is not required to be disclosed to the Federal Election Commission or anyone else.

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Pat Quinn

Illinois Governor Increases Restrictions On Military Funeral Protests

David Taintor | August 15, 2011, 5:51PM

Gov. Pat Quinn (D-IL)

Anyone who wants to protest a military funeral in Illinois will have to do so from a distance of 300 feet, according to a new measure Gov. Pat Quinn (D) signed on Sunday.

The legislation is an expansion of the "Let Them Rest in Peace Act," one of Quinn's "top initiatives", press secretary Annie Thompson told TPM. The extension expands on the law's previous 200-foot barrier.

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AZ Immigation Law

Jan Brewer Files Supreme Court Appeal Over AZ Immigration Law

Jillian Rayfield | August 10, 2011, 6:25PM

Gov. Jan Brewer (R-AZ)

Arizona Gov. Jan Brewer (R) has appealed to the Supreme Court to overturn a lower court's preliminary injunction against the state's controversial immigration law.

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Campaign Finance

Kagan: SCOTUS Ruling Against Arizona Public Financing Is 'Chutzpah'

Ryan J. Reilly | June 27, 2011, 12:45PM

Supreme Court nominee Elena Kagan

The conservative majority of the Supreme Court on Monday struck down an Arizona campaign finance law that offered political candidates facing well-funded opponents a subsidy to "level the playing field" and protect from public corruption.

Chief Justice John Roberts and the conservative majority agreed with the five conservative politicians and two political action committees who argued that the law stifled free speech, claiming it meant they were punished if they raised too much money because the government would subsidize their opponents.

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Supreme Court

Supreme Court: Police Can Search If They Hear Evidence Being Destroyed

Eric Lach | May 17, 2011, 2:23PM

In an 8-1 decision Monday, the Supreme Court said that police did not violate the Fourth Amendment barring "unreasonable searches and seizures" when they smelled marijuana outside a Lexington, Kentucky apartment, knock loudly, announced themselves and -- after hearing what they thought was the sound of evidence being destroyed -- entered without a warrant.

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Gay Marriage

Supreme Court Rejects Gay Marriage Challenge In D.C.

Rachel Slajda | January 18, 2011, 11:03AM

The Supreme Court today rejected, without comment, a challenge to the legalization of same-sex marriage in Washington, D.C.

The rejection means the law will stand.

Bishop Harry Jackson, a pastor from Maryland, wanted the high court to hear his case against the D.C. Board of Elections and Ethics. The board refused to put a marriage initiative on the ballot, arguing that such a move would amount to discrimination.

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Gay Marriage

Prop 8 Case: Appeals Court Asks CA Supreme Court For Help

Rachel Slajda | January 4, 2011, 3:14PM

A federal appeals court has asked the California Supreme Court to help answer a question about who has standing to fight same sex marriage in the courts.

At issue is whether the anti-gay groups who put Proposition 8 on the ballot in California have the legal standing to appeal a decision that Prop 8 -- which outlaws same sex marriage in the state -- is unconstitutional. Today, the Ninth Circuit Court of Appeals, which is hearing that appeal, asked the California high court to decide whether the proponents have standing under state law.

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Virginia Thomas

Ginni Thomas: 'It Was Probably A Mistake' To Call Anita Hill

Eric Lach | December 6, 2010, 11:16AM

Supreme Court Justice Clarence Thomas and Virginia Thomas

Virginia "Ginni" Thomas, the wife of Supreme Court Justice Clarence Thomas, says the call she placed to Anita Hill in October "was probably a mistake on my part."

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Citizens United

Citizens United President Enjoys 'Bitching And Moaning' Over Supreme Court Case

Ryan J. Reilly | December 1, 2010, 8:37AM

Citizens United President David Bossie

The "newfound freedoms" granted in the Supreme Court's Citizens United decision will allow the conservative movement to participate on a "level playing field" with groups like MoveOn.org and labor unions, Citizens United President David Bossie said Tuesday.

Bossie also said he enjoys hearing liberals complain about the outcome of the Citizens United case. "Somebody's always bitching and moaning," Bossie said.

He specifically mentioned former Justice John Paul Stevens, who said in an interview aired on 60 Minutes over the weekend that the court made several mistakes in the Citizens United ruling.

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John Ashcroft

Supreme Court Will Hear Whether Man Detained Without Charge Can Sue John Ashcroft

Rachel Slajda | October 18, 2010, 10:38AM

Former U.S. Attorney General John Ashcroft

The Supreme Court today agreed to hear an appeal from former Attorney General John Ashcroft, who claims he should be immune from a lawsuit brought by a Muslim U.S. citizen who was detained for two weeks without charge in 2003 as part of a terrorism investigation.

Ashcroft has claimed total immunity from the lawsuit. At question is whether he is entitled to such immunity, according to SCOTUSblog.

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'Ground Zero Mosque'

Westboro Baptist Church Lawyer: Opposing Cordoba House Is 'Un-American'

Ryan J. Reilly | October 8, 2010, 9:35AM

Margie Phelps

A member of the Westboro Baptist Church who represented the fringe church before the Supreme Court in a freedom of speech case on Wednesday tells TPMMuckraker that they support the right of Muslims to build an Islamic cultural center two blocks from Ground Zero.

"Of course" Muslims should be able to build the Cordoba House Islamic cultural center in New York City, Margie J. Phelps told TPMMuckraker in an interview Thursday. She said it would be hypocritical for the United States to not allow construction to proceed, and called opponents of the mosque un-American.

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Westboro Baptist Church

Supreme Court Struggles With Westboro Baptist 1st Amendment Case

Ryan J. Reilly | October 7, 2010, 9:11AM

A member of the Westboro Baptist Church protests at a military funeral.

There's almost universal agreement that the tactics and message used by parishioners of the small, fringe Westboro Baptist Church are despicable. But does that make their provocative protests near the funerals of dead U.S. soldiers -- under the theory that God is punishing the country because it tolerates gay and lesbian Americans -- unconstitutional?

When Supreme Court justices took up that issue in court on Wednesday, the usually highly divided court agreed on one thing: these Westboro Baptist Church people are jerks. Their tactics are "very obnoxious," said Justice Stephen Breyer, usually a member of the court's liberal bloc. They used "nasty signs," said Justice Antonin Scalia, who's been described as the intellectual anchor of the conservative wing of the court.

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Sandra Day O'Connor

Sandra Day O'Connor's New Judgment: Judicial Campaign Reform Is Necessary

Ryan J. Reilly | August 17, 2010, 2:43PM

Former Supreme Court Justice Sandra Day O'Connor was the keynote speaker at the National District Attorneys Association summer conference at Silverado Resort on July 12, 2010.

Former Supreme Court Justice Sandra Day O'Connor has taken up the cause of reforming state judicial campaign and election systems, writing that the "crisis of confidence in the impartiality of the judiciary is real and growing." If left unaddressed, said O'Connor, "the perception that justice is for sale will undermine the rule of law that courts are supposed to uphold."

O'Connor's comments came in her introduction of a new report which concludes that partisan and special interest groups have grown far more organized in their efforts to use judicial elections to tilt the scales of justice. Campaign fundraising for judicial elections more than doubled from $83.3 million in 1990-1999 to $206.9 million in 2000-2009, according to the report.

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Orly Taitz

'Birther Queen' Taitz Vows to Keep Fighting After Supreme Court Denies Appeal

Ryan J. Reilly | August 16, 2010, 12:47PM

Orly Taitz

So-called "Birther Queen" Orly Taitz hadn't yet heard about the Supreme Court's decision to uphold a $20,000 fine against her when TPMMuckraker reached her on Monday.

But Taitz told TPMMuckraker she is convinced that none of the members of the court read her request, and that clerks made the decision for the justices. She cited a passage from a book co-authored by Justice Antonin Scalia in which, she claimed, Scalia said that less than one percent of cases are actually read by a judge.

"It was never seen by Justice [Clarence] Thomas, there's not evidence it was seen by Justice Thomas," Taitz said. "I don't believe the Justices read a word of the pleadings." She said she wanted to see the original court document with the signature of a member of the court.

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Orly Taitz

Alito's Plan To Consider Birther Queen's Stay Probably Doesn't Mean He's A Secret Birther

Rachel Slajda | August 13, 2010, 11:57AM

Orly Taitz

Yesterday we told you that Justice Samuel Alito had referred birther lawyer extraordinaire Orly Taitz's request for a stay to the full Supreme Court.

Taitz, who's been fighting a $20,000 fine from a federal judge in Georgia, had applied to the Supreme Court for a stay in an apparent effort to reverse the fine. The application first went to Justice Clarence Thomas, who has jurisdiction over Georgia's circuit. When he denied it, she applied to Alito.

And then Alito referred it to the full court, which a few of our commenters took as a sign of his true sympathies. Some examples:

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Orly Taitz

Alito Refers Taitz Appeal To Entire Supreme Court

Rachel Slajda | August 12, 2010, 6:36PM

Orly Taitz

Birther queen Orly Taitz has spent the better part of a year fighting a $20,000 fine slapped on her by a federal judge for filing frivilous birther lawsuits contesting President Obama's elibility to hold the office. A few weeks ago, she applied to the Supreme Court to reverse the fine.

When Justice Clarence Thomas denied her application, she vowed to apply to each of the other justices in turn. The next justice she applied to was Samuel Alito, who has now referred the matter to the to the entire court.

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Orly Taitz

Birther Queen Tries To Fight $20K Fine At Supreme Court

Rachel Slajda | August 6, 2010, 6:12PM

Orly Taitz

If you say nothing else about Orly Taitz, say she is persistent.

Taitz, birther lawyer extraordinaire, last month tried to fight a $20,000 fine by appealing to the Supreme Court. Justice Clarence Thomas denied her appeal.

So this week, she re-filed the appeal, this time directing it to Justice Samuel Alito instead.

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Don Siegelman

Supreme Court Orders Review Of Siegelman Conviction By Lower Court

Justin Elliott | June 29, 2010, 10:40AM

Fmr. Alabama Gov. Don Siegelman

The Supreme Court has ordered a lower court to take a new look at the controversial conviction of former Alabama Gov. Don Siegelman in the wake of its ruling last week narrowing the scope of a key public corruption statute that was used in the Siegelman case.

Siegelman was convicted in 2006 on charges of bribery and honest services fraud, the statute that was limited by the court last week. Siegelman was found to have given former HealthSouth executive Richard Scrushy a seat on a state board regulating hospitals in exchange for $500,000 in donations to a state lottery campaign.

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Supreme Court

How A Supreme Court Ruling Could Set Corrupt Politicians Free

Justin Elliott | June 25, 2010, 3:40PM

In the wake of Thursday's Supreme Court ruling limiting the scope of a key federal anti-corruption statute, white-collar defense lawyers are salivating at the chance to challenge some of the biggest public corruption cases in recent memory -- from Gov. Don Siegelman in Alabama to Gov. Rod Blagojevich in Illinois to New York state Senate Majority Leader Joe Bruno to the myriad figures in the Jack Abramoff saga.

As Josh wrote on the editors' blog, the impact of the 6-3 ruling -- with the three dissenting justices going further than the majority and arguing that the law should be struck down entirely -- is likely to be vast.

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Norm Coleman

Norm Coleman's New Group Plans Ad Blitz To Take Advantage Of Citizens United Ruling

Zachary Roth | April 20, 2010, 11:37AM

Former Sen. Norm Coleman (R-MN), American Action CEO

Less than a year after the conclusion of his marathon Senate contest against Al Franken, Norm Coleman is back. He's teaming up with other GOP heavy-hitters on a new group that will likely take advantage of the Citizens United Supreme Court decision to pour money into congressional races this fall.

Coleman is the CEO of American Action, which launched in February, billing itself as an "action tank" -- thinking without action is for liberals, it seems -- that will act as a center-right version of the Center for American Progress. That's the John-Podesta-run operation that has proven adept both at incubating progressive policies and at shaping the day-to-day political debate. The yearly budget for the new venture has been reported at around $4 million.

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Campaign Finance

In Wake of Citizens United, Another Campaign-Finance Reg. Bites The Dust

Zachary Roth | March 26, 2010, 2:43PM

There was bad news and good news -- which could turn into bad news -- for backers of efforts to reduce the role of money in politics today.

First, the bad news: In a decision that reflects the broad impact of the Supreme Court's Citizens United ruling, the U.S. Court of Appeals for the District of Columbia struck down limits on contributions to political groups that spend money to support or oppose candidates.

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Health Care

Could SCOTUS Be The Death Panel For Health-Care Reform?

Zachary Roth | March 23, 2010, 12:36PM

From left, Attorneys General Bill McCollum (FL), Ken Cuccinelli (VA) and Henry McMaster (SC)

Now that President Obama has signed health-care reform into law, opponents of the bill are pinning their hopes of stopping it on a last-ditch legal strategy. A group of 13 state attorneys general has filed suit (pdf), arguing that the law is unconstitutional.

The bid seems far-fetched at first. But the Roberts Court has recently shown a willingness to strike down landmark legislation -- charges of judicial activism be damned. So, given the stakes, it's worth asking: Could health-care reform have made it through the congressional gauntlet, only to end up dying in the courts?

(Late Update: The Justice Department is signaling that it's already gearing up for a fight. "We will vigorously defend the constitutionality of the health care reform statute," a DOJ spokesman says.)

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Virginia Thomas

Clarence Thomas's Wife Teams With Federalist Society Exec On New Conservative Lobby Group

Zachary Roth | March 15, 2010, 3:28PM

Supreme Court Justice Clarence Thomas and Virginia Thomas

The new conservative advocacy group launched by Virginia Thomas, the wife of Supreme Court Justice Clarence Thomas, has close ties to Washington's powerful conservative legal community.

As the Los Angeles Times reported over the weekend, Virginia Thomas recently created Liberty Central, a new lobbying group that seeks to tap into the grassroots energy unleashed by the Tea Party movement.

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Lobbyists

Lobby Firm Tells Clients How To Sway Elections While Avoiding 'Public Scrutiny'

Zachary Roth | February 17, 2010, 12:54PM

In the wake of last month's Citizens United ruling, a powerhouse Washington lobbying firm is informing its corporate clients on how they can use middlemen like the Chamber of Commerce to pour unlimited amounts of money into political campaigns, while maintaining "sufficient cover" to avoid "public scrutiny" and negative media coverage.

A "Public Policy and Law Alert" on the impact of the Supreme Court's ruling, prepared by two lawyers for K&LGates and posted on the firm's site last Friday, notes that, thanks to disclosure rules, corporations could alienate their customers by spending on political campaigns -- especially because they could become the target of negative media coverage.

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Mitch McConnell

McConnell Raised Big Bucks From Foreign Defense Contractor Probed For Bribery

Zachary Roth | February 3, 2010, 1:15PM

Senate Minority Leader Mitch McConnell (R-KY).

In the wake of the Supreme Court's Citizens United ruling, Sen. Mitch McConnell (R-KY) has been quick to denounce a bid by Democrats to stop foreign corporations from pouring money into U.S. elections, claiming current law already bars such spending. As we've reported before, it's not nearly as simple as that -- but McConnell should know: The GOP Senate leader has raked in campaign cash from a subsidiary of a major foreign defense contractor that's currently being investigated by the Justice Department for bribery.

As we reported yesterday, McConnell, a longtime foe of efforts to get money out of politics, last week took to the Senate floor to pooh-pooh the notion that the court's decision could allow a flood of foreign money to sway our elections, citing an existing law that prevents foreign nationals, including corporations, from spending on U.S. elections. But that ban doesn't cover the U.S. subsidiaries of foreign companies, or to foreign-owned corporations that incorporate in the U.S.

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Tea Parties

'We Might As Well Be Able To Vote For Disney': Tea Partiers Slam Citizens United Ruling

Zachary Roth | February 3, 2010, 9:20AM

Tea party in Hartford, Connecticut in 2009

Some Tea Partiers are expressing vocal opposition to the Supreme Court's recent ruling striking down the ban on corporate political spending -- a stance that puts them at odds with the Republican Party and the broader conservative movement.

Just hours after the court ruled last month, RNC chair Michael Steele praised the decision, calling it "an important step in the direction of restoring the First Amendment rights" of corporations.

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Mitch McConnell

McConnell Fighting Effort To Block Political Spending By Foreign Corporations

Zachary Roth | February 2, 2010, 3:40PM

Senate Minority Leader Mitch McConnell (R-KY).

You'd think that if there were one Democratic initiative that Republicans in Congress might be bashful about opposing -- especially given the current anti-corporate climate in the country -- it would be a bid to stop foreign corporations from pouring money into our elections.

You'd be wrong. In fact, they're willing to stand up in support of those foreign corporations' right to do so.

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Campaign Finance

Dem Consultants: Citizens United Ruling Not Such a Big Deal

Zachary Roth | January 29, 2010, 9:12AM

Since the Supreme Court struck down limits last week on corporate-funded independent expenditure campaigns, Democrats and good-government advocates have been quick to warn of a flood of new corporate money entering American politics. But with campaigns already awash in corporate cash, some Democratic political pros doubt we'll notice much difference.

In a typical response, Fred Wertheimer, the dean of Washington's campaign-finance reform community, called the ruling "a disaster for the American people and a dark day for the Supreme Court," predicting that the decision will unleash massive new corporate spending into the electoral arena. And even President Obama warned in Wednesday's State of the Union speech that the decision could open the door to foreign corporations influencing our elections -- a concern we've raised ourselves.

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Campaign Finance

Game Change: Corporations Gearing Up To Exploit New Money-In-Politics Rules

Zachary Roth | January 25, 2010, 7:55PM

In the wake of Thursday's Supreme Court ruling on money in politics, corporations looking to affect the process already are strategizing with lawyers, consultants, and PR pros on how to capitalize on the changed landscape.

"There clearly are clients who are asking questions about what it means for them," Larry Noble, a former general counsel for the FEC who's now a lawyer at Skadden Arps, told TPMmuckraker. "They're asking: 'what is it that I wasn't allowed to do before that I can now do?'"

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Campaign Finance

Reformers: Court Decision Creates 'Huge Opening' For Foreign Companies To Sway Elections

Zachary Roth | January 25, 2010, 1:03PM

Last week's Supreme Court ruling striking down the ban on direct corporate spending in elections could allow overseas corporations -- even those controlled by foreign governments -- to pour money into U.S. elections, supporters of campaign-finance regulation warn.

"Clearly there's a huge opening now," Stephen Spaulding of Common Cause told TPMmuckraker.

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Chamber of Commerce

Big Winner From Supreme Court Ruling: Chamber Of Commerce

Zachary Roth | January 21, 2010, 2:06PM

Chamber of Commerce President and CEO Tom Donohue

One of the biggest winners from this morning's Supreme Court decision on campaign finance: the Chamber of Commerce. And that's not just because the court's ruling gives the corporations that make up the business lobby's membership an even greater voice in the political process than they've enjoyed until now.

As we explained last week, over the last decade, under CEO Tom Donohue, the Chamber has perfected a strategy of using the Chamber as a "pass-through" for corporations looking to run issue campaigns, but wary about having their names tied to the effort. In 2001, the Wall Street Journal described this as Donohue's "striking innovation." And a recent report made clear that the Chamber had played just this role on behalf of health insurers in a bid to stop health-care reform.

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Campaign Finance

Supreme Court Strikes Down Key Campaign-Finance Provision

Zachary Roth | January 21, 2010, 10:10AM

In a ruling that has major implications for how elections are funded, the Supreme Court has struck down a key campaign-finance restriction that bars corporations and unions from pouring money into political ads.

The long-awaited 5-4 ruling, in the Citizens United v. FEC case, presents advocates of regulation with a major challenge in limiting the flow of corporate money into campaigns, and potentially opens the door for unrestricted amounts of corporate money to flow into American politics.

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Detainees

Supreme Court Throws Out Abused Detainee Photo Ruling

Rachel Slajda | November 30, 2009, 11:43AM

Detainees at Guantanamo Bay

The Supreme Court has thrown out a ruling ordering the release of photographs of detainees being abused by American captors, citing a change in federal law that allows the defense secretary to withhold such pictures.

The 2nd Circuit Court of Appeals, which made the ruling, will have to take another look at a lawsuit brought by the American Civil Liberties Union.

Defense Secretary Robert Gates and President Obama have said releasing the photographs could endanger U.S. troops by fomenting anti-American sentiment overseas.