Tag Archives | Supreme Court

Supreme Court Strikes Down Key Part of Defense of Marriage Act

The U.S. Supreme Court is making headlines today, first of all with it’s 5-4 decision regarding the 1996 Defense of Marriage Act. The story is breaking everywhere, this excerpt from the Chicago Tribune:

The U.S. Supreme Court on Wednesday struck down a federal law that restricts the definition of marriage to opposite-sex couples in a major victory for the gay rights movement.

The ruling, on a 5-4 vote, means that legally married gay men and women are entitled to claim the same federal benefits that are available to opposite-sex married couples.

The court was due to decide within minutes a second case concerning a California law that bans same-sex marriage in the state.

The federal case concerns the Defense of Marriage Act (DOMA), which limits the definition of marriage as between a man and a woman for the purposes of federal benefits. It permits benefits such as Social Security survivor payments and federal tax deductions only for married, opposite-sex couples, not for legally married same-sex couples.

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Supreme Court Rules Against Patenting Of Human Genes

 Patenting Of Human GenesGreat to know that I’m not infringing on anyone’s copyrights with my existence. The Los Angeles Times reports:

In a unanimous ruling Thursday, the Supreme Court ruled that human genes are a product of nature and cannot be patented and held for profit, a decision that medical experts said will lead to more genetic testing for cancers and other diseases and to lower costs for patients.

The decision invalidates a Utah company’s patents on two genes that are linked to breast and ovarian cancer, and is likely to lead to several thousand other gene patents being tossed as well.

The court’s decision also came as a relief to the biotech industry. While the justices agreed “naturally occurring DNA” cannot be patented, they also said DNA “synthetically created” in a lab can be patented. Industry lawyers had worried the court could issue a sweeping decision that would wipe out patents for genetically engineered drugs or farm products.

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Supreme Court Considers Whether Government Has Right To Log DNA Samples Of Anyone Arrested

Does your arrest allow the government to access your genetic information? Conservatives, and the Obama administration, say yes. Via CNN:

The U.S. Supreme Court offered a surprising amount of concern about states laws allowing police to collect a DNA sample of anyone arrested — but not yet convicted — of serious crimes. A ruling will be issued within a few months, and could have wide-reaching implications in the rapidly evolving technology surrounding criminal procedure.

Privacy rights groups [say] the state’s “trust us” promise not to abuse the technology does not ease their concerns that someone’s biological makeup could soon be applied for a variety of non-criminal purposes.

“There is something inherently dangerous about DNA collection that is not the same as fingerprinting,” said Justice Sonia Sotomayor. “How far do we let the state go each time it has some form of custody over you in schools, in workplaces, wherever else the state has control over your person?”

And civil liberties groups worry inadequate DNA testing by overwhelmed lab technicians can lead to errors, such as the one that sent Dwayne Jackson to prison for armed robbery.

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Monsanto Likely to Score Supreme Court Win with Far-Reaching Benefits for Corporate Farming

Picture: Viriditas (CC)

Jill Richardson writes at AlterNet:

On Feb. 19, 2013, the Supreme Court heard yet another Monsanto case. (And yet again, Justice Clarence Thomas, former lawyer for Monsanto, did not recuse himself.) This time around, it was Monsanto vs. Vernon Hugh Bowman, an Indiana soybean and wheat farmer.

The issue in question is a familiar one for those who follow the issue of genetically engineered seeds. Each buyer of Monsanto’s patented seeds must sign a “Technology Agreement” and pay a technology fee. In the case of soybeans, soybeans themselves are seeds. A farmer who plants Monsanto’s patented soybean seeds will grow a crop of soybeans, which are themselves also seeds. The Technology Agreement prohibits the farmer from saving and replanting those seeds. It also forbids the buyer from doing research on Monsanto’s patented seeds.

In some cases, Monsanto licenses its genetically engineered seeds to other seed companies, like Pioneer (owned by DuPont).

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An All Female U.S. Supreme Court

Proving, perhaps, that she takes extreme, radical positions on important issues, Justice Ruth Ginsburg says she wants an all female Supreme Court. From CBS:

Justice Ruth Bader Ginsburg hopes to see an all-female Supreme Court one day.

Ginsburg made the comment during a 10th Circuit Bench & Bar Conference at the University of Colorado in Boulder, according to CNS News.

“Now the perception is, yes, women are here to stay,” Ginsburg told the conference. “And when I’m sometimes asked when will there be enough and I say when there are nine, people are shocked.”

Ginsburg said that no one has “ever raised a question” when nine men were serving on the bench…

[continues at CBS]

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U.S. Supreme Court To Rule On Gay Marriage

Will the Roberts-led Supreme Court dare to stop the gay marriage juggernaut? This may be the week we find out, per this report in the LA Times:

After two decades in which gay rights moved from the margin to capture the support of most Americans, the Supreme Court justices will go behind closed doors this week to decide whether now is the time to rule on whether gays and lesbians have a constitutional right to marry.

For justices, the issue is not just what to decide, but when to decide it. In times past, the court has been faulted for waiting too long or moving too quickly to recognize constitutional rights.

The justices did not strike down state bans on interracial marriage until 1967, 13 years after they had declared racial segregation unconstitutional. Yet in response to the growing women’s rights movement, the court in 1973 struck down all the state laws restricting abortion, triggering a national “right to life” movement and drawing criticism even from some supporters that the Roe vs.

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Supreme Court Upholds Main Part Of Obamacare

UpstateNYer (CC)

The U.S. Supreme Court has finally decided to uphold the critical part of President Obama’s controversial health care law. Expect some Tea Party fireworks just in time for Independence Day next week… Robert Barnes and N.C. Aizenman report for the Washington Post:

The Supreme Court on Thursday upheld the individual health-insurance mandate that is at the heart of President Obama’s landmark health-care law, saying the mandate is permissible under Congress’s taxing authority.

The potentially game-changing, election-year decision — a major victory for the White House less than five months before the November elections –will help redefine the power of the national government and affect the health-care choices of millions of Americans.

Passage of the legislation by the Democratic-controlled Congress in 2010 capped decades of efforts to implement a national program of health care. The legislation is expected to eventually extend health-care coverage to more than 30 million Americans who currently lack it…

[continues at the Washington Post]

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Broccoli Set To Scupper Obamacare

David Monniaux (CC)

Can you believe that the United States Supreme Court is poised to throw out President Obama’s signature health care legislation based on a fear of being made to eat broccoli? I mean, whaaaaat??? James B. Stewart cites various precedents for “broccoliphobia,” but omits George H. W. Bush’s well known dislike of the healthy vegetable, which I would posit made it fashionable for conservatives to denounce it. He reports in the New York Times:

What does broccoli have to do with health insurance?

Until recently, nothing. But now, perhaps a lot.

Broccoli, of all things, came up in the Supreme Court during arguments over the constitutionality of the Obama administration’s health care legislation. If Congress can require Americans to buy health insurance, Justice Antonin Scalia asked, could it force people to buy just about anything — including a green vegetable that many find distasteful?

“Everybody has to buy food sooner or later,” he said.

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Montana Wins 22 States (and Counting) Backing Over The Citizens United Fight

Seal Of MontanaFeel great if you live in the Treasure State. Reports the AP via the Guardian:

Twenty-two states and the District of Columbia are backing Montana in its fight to prevent the U.S. Supreme Court’s 2010 Citizens United decision from being used to strike down laws restricting corporate spending in political campaigns.

The states led by New York are asking the high court to preserve Montana’s state-level regulations on corporate expenditures, according to a copy of a brief written by New York’s attorney general’s office and obtained by the Associated Press.

The supreme court is being asked to reverse a state court’s decision to uphold the Montana law. Virginia-based American Tradition Partnership is asking the nation’s high court to rule without a hearing because the group says the state law conflicts directly with the Citizens United decision that removed the federal ban on corporate campaign spending. The Supreme Court has blocked the Montana law until it can look at the case…

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