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Published: 03/29/11

Wal-Mart Sex-Bias Case Hits Possible Court Block

By  not in system - AOL News
Wal-Mart Sex-Bias Case Hits Possible Court Block

WASHINGTON -- The Supreme Court appears ready to block a massive sex discrimination lawsuit against Wal-Mart on behalf of up to 1.6 million women, and that could make it harder for other workers nationwide to bring class-action claims against large employers. The 10-year-old lawsuit, argued in lively exchanges at the court Tuesday, claims that Wal-Mart Stores Inc., the world's largest employer, favors men over women in pay and promotions. Billions of dollars are at stake if it is allowed to go forward. The case also could affect the future of other class-action lawsuits that pool modest ...

Published: 02/13/11

Justice Ginsburg Expects Health Care Cases (and Retirement) to Be a Ways Off

By  Julie Moos - Politics Daily
Justice Ginsburg Expects Health Care Cases (and Retirement) to Be a Ways Off

U.S. Supreme Court Justice Ruth Bader Ginsburg has made it clear that she does not plan to retire any time soon, nor does she expect challenges to health care legislation to arrive quickly for the high court's review. In an interview with NPR legal affairs correspondent Nina Totenberg at George Washington University last week, the 77-year-old cancer survivor also talked about her career as a justice and how she gets along with her colleagues. Ginsburg was appointed to the Supreme Court by President Bill Clinton and began serving in 1993. Here's what she said about retirement: One of the ...

Published: 01/31/11

Judge Vinson Declares 'Obamacare' Unconstitutional: So What Next?

By  Mary Phillips-Sandy - AOL News
Judge Vinson Declares 'Obamacare' Unconstitutional: So What Next?

Now that federal Judge Roger Vinson has declared the Patient Protection and Affordable Care Act unconstitutional, strong opinions about his decision are emerging. Opponents of the health care reform law, including many conservatives and tea party affiliates, see Vinson's decision as a victory for their side. .bbpBox32176995483779070 {background:url(http://a3.twimg.com/a/1296156503/images/themes/theme1/bg.png) #022330;padding:20px;} p.bbpTweet{background:#fff;padding:10px 12px 10px 12px;margin:0;min-height:48px;color:#000;font-size:18px ...

Published: 01/5/11

The 14th Amendment: It's What's for Dinner

By  Donna Trussell - Politics Daily
The 14th Amendment: It's What's for Dinner

Why's my favorite amendment so nervous? The 14th Amendment has always been on the hot seat. This Reconstruction-era amendment, adopted in 1868, gave blacks a path to citizenship, made the Bill of Rights applicable to states, and desegregated schools in the 1950s. Now, new controversies are brewing. Supreme Court Justice Antonin Scalia said in an interview recently published in California Lawyer that the 14th Amendment does not guarantee equal rights to women, gays and lesbians. In 1868, when the 39th Congress was debating and ultimately proposing the 14th Amendment, I don't think anybody ...

Published: 01/4/11

Scalia: Constitution Doesn't Protect Women, Gays From Discrimination

By  Torie Bosch - AOL News
Scalia: Constitution Doesn't Protect Women, Gays From Discrimination

Supreme Court Justice Antonin Scalia is known for his sharp tongue on and off the bench. In a recent interview, he said that the Constitution doesn't protect women or gays and lesbians from discrimination. Though many interpret the Constitution's 14th Amendment as prohibiting discrimination, Scalia, a strict constructionist, disagrees. He said in part: "Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't. Nobody ever thought that that's what it meant. Nobody ever voted for that. If the current society wants to ...

Published: 12/13/10

Opinion: Health Care Ruling -- Good News for Reform Backers

By  Ian Millhiser - AOL News
Opinion: Health Care Ruling -- Good News for Reform Backers

(Dec. 13) -- Supporters of the Affordable Care Act should take a great deal of comfort from Judge Henry Hudson's decision today. Yes, Judge Hudson did strike down one provision of the landmark health care law, but his opinion is so poorly reasoned, so bereft of legal analysis and so inconsistent with precedent that it has no chance of convincing the Supreme Court to strike down this law. If this is the best that opponents of health reform have to offer, than the act's supporters have nothing to fear. Other Views on the Ruling The Constitution Vindicated -- Stephen B. Presser Health ...

Published: 11/19/10

Federalist Society Conclave Reflects Renewed Conservative Excitement

By  Matt Lewis - Politics Daily
Federalist Society Conclave Reflects Renewed Conservative Excitement

This week, the Federalist Society, an organization of 40,000 lawyers, law students, scholars, and other individuals "who believe and trust that individual citizens can make the best choices for themselves and society," hosted its 2010 National Lawyers Convention at the Mayflower Hotel in Washington, D.C. The event was attended by more than 1,000 conservatives and libertarians (mostly lawyers), and included speeches by Senate Minority Leader Mitch McConnell, political analyst Michael Barone, and a dinner featuring an interview of Supreme Court Justice Antonin Scalia, with Jan Crawford of CBS ...

Published: 11/18/10

Opinion: Court Should Kill California's Video Game Law

By  not in system - AOL News
Opinion: Court Should Kill California's Video Game Law

(Nov. 18) -- Free expression in the digital age faces a major test before the U.S. Supreme Court. Earlier this month, the court heard oral arguments debating the constitutionality of a 2005 California law banning the sale of violent video games to minors. If the nation's high court allows California's law to stand, it would pave the way for future laws curtailing all kinds of interactive expression. In recent years, several states have passed laws barring the sale of violent video games to minors, but courts have found all such laws to violate the First Amendment's free speech guarantee. As ...

Published: 11/10/10

Bachmann Caucus to Start Offering Classes

By  Andrea Stone - AOL News
Bachmann Caucus to Start Offering Classes

WASHINGTON (Nov. 10) -- Is Glenn Beck University opening a satellite campus on Capitol Hill? If tea party darling Michele Bachmann gets her way, conservative broadcaster Sean Hannity, Fox legal analyst Andrew Napolitano and David Barton, a Christian evangelist who has said church-state separation is "a myth," will make up the faculty roster when the first classes of her new constitutional conservative caucus convene in the next Congress. The Minnesota Republican recently spoke on Beck's radio show about a new academic counterpart to the tea party caucus she founded earlier this year. Role ...

Published: 11/2/10

Supreme Court Hears Arguments on Calif. Video Game Law

By  Hugh Collins - AOL News
Supreme Court Hears Arguments on Calif. Video Game Law

(Nov. 2) -- Justices on the U.S. Supreme Court today questioned the legality of a California law that seeks to control the sale of violent video games. The justices invoked James Madison, 1990s video game "Mortal Kombat" and the Grimm brothers' fairy tales as they heard arguments from the state of California and representatives of the $20 billion-a-year gaming industry. At issue are games such as "Postal 2," in which gamers control a crazed protagonist as he murders and mutilates his way through everyday situations. Gamers can make the protagonist -- known as "Postal Dude " -- shoot, ...

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