Tag Archives | Supreme Court

Wal-Mart Rolls Back Discrimination Law Suit

Photo: Joey Caputo (CC)

Photo: Joey Caputo (CC)

Is Wal-Mart too big to sue? How will this and previous law suits against Wal-Mart effect the future of how other businesses deal with discrimination? Via MSNBC:

If you’re part of a group of employees working for a major U.S. corporation with a gripe about unfair treatment, your collective voices were potentially muffled Monday.

A key attempt to tackle inequality in the U.S. workforce suffered a major blow when the U.S. Supreme Court ruled that Wal-Mart — with its thousands of stores and millions of employment decisions — was too massive for a group of employees to sue for discrimination using class-action status.

Wal-Mart, according to a 5-4 decision by the high court, is just too big to sue. The court’s decision is a direct hit to women seeking parity in particular. Women now make up about half the U.S. workforce and that means no other minority group seeking a class action would likely constitute such a big block of employees at any one employer.

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Justices Ordered California To Reduce Amount Of Prisoners By 30,000

800px-A-Block_at_Alcatraz_(2206096229)

A Block in Alcatraz. Photo: Nonie

What do we do when prisons become overcrowded? According the new Supreme Court ruling (for California), we can release a few thousand early, transfer them to another state (make it some other place’s problem) or build bigger prisons. At no point was there any suggestion about how to reduce the amount of people sent to prisons (violent vs nonviolent offenses, helping crime-rich communities, etc.). The rule was a decision for immediate action of reducing prisoners in hope to better their standard of living. The New York Time reports:

Conditions in California’s overcrowded prisons are so bad that they violate the Eighth Amendment’s ban on cruel and unusual punishment, the Supreme Court ruled on Monday, ordering the state to reduce its prison population by more than 30,000 inmates.

Justice Anthony M. Kennedy, writing for the majority in a 5-to-4 decision that broke along ideological lines, described a prison system that failed to deliver minimal care to prisoners with serious medical and mental health problems and produced “needless suffering and death.”

Justices Antonin Scalia and Samuel A.

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Supreme Court Sides With Police Who, Lacking Warrant, Followed Smell of Pot into Apartment

Arnold Smoking PotIn situations like this, I often ask: “What Would Arnold Do?” Well, from Predator he claimed: “It’s all bullshit! All of it!” … So I think the police and the Supreme Court are off base on this (and there is no reason why Carl Weathers has to lose an arm). From the AP via WashPo:

The Supreme Court on Monday ruled against a Kentucky man who was arrested after police burst into his apartment without a search warrant because they smelled marijuana and feared he was trying to get rid of incriminating evidence.

Voting 8-1, the justices reversed a Kentucky Supreme Court ruling that threw out the evidence gathered when officers entered Hollis King’s apartment.

The court said there was no violation of King’s constitutional rights because the police acted reasonably. Only Justice Ruth Bader Ginsburg dissented.

Officers knocked on King’s door in Lexington and thought they heard noises that indicated whoever was inside was trying to get rid of incriminating evidence.

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The Battle Over FBI’s Warrantless GPS Tracking

GPS TrackerKim Zetter writes on WIRED’s Threat Level:

Kathy Thomas knew she was under surveillance. The animal rights and environmental activist had been trailed daily by cops over several months, and had even been stopped on occasion by police and FBI agents.

But when the surveillance seemed to halt suddenly in mid-2005 after she confronted one of the agents, she thought it was all over. Months went by without a peep from the FBI surveillance teams that had been tracking her in undercover vehicles and helicopters. That’s when it occurred to her to check her car.

Rumors had been swirling among activists that the FBI might be using GPS to track them — two activists in Colorado discovered mysterious devices attached to their car bumpers in 2003 — so Thomas (a pseudonym) went out to the vehicle in a frenzy and ran her hands beneath the rear bumper. She was only half-surprised to find a small electronic device and foot-long battery wand secured to her metal fender with industrial-strength magnets.

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Stephen Colbert: I Don’t Want To Be The ‘Chump’ Without Unlimited Corporate Cash (Video)

StephenColbertSuperPACThis is brilliant. Looking forward to seeing how far Colbert can go with this. Ryan J. Reilly writes on Talking Points Memo:
Stephen Colbert doesn't "want to be the one chump" without any unlimited corporate money going to his political action committee. That's why he showed up the the Federal Election Commission building in D.C. to formally request an advisory opinion on behalf of "Colbert Super PAC," a proposed independent expenditure only committee able to accept unlimited corporate, individual, political committee and labor contributions. Accepting unlimited funding is "a right as described by the Citizens United case," Colbert said in response to a question from Politico's Ken Vogel. "I believe the Citizens United decision was the right one, there should be unlimited corporate money, and I want some of it. I don't want to be the one chump who doesn't have any." Colbert said he expected the FEC to take his request seriously.
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“Herr Prösser?!!”: The Madison Uprising to Shift Gears on April 5th

>Click Here<The madness surrounding Wisconsin Governor Scott Walker’s efforts to destroy trade unionism continues apace, but outsiders are likely to be deceived into thinking momentum of the Madison Uprising has been dissipated from its previous well-defined orbit. They couldn’t be more wrong and the turnout for Wisconsin’s April 5th supreme court contest between Prosser (R) and Kloppenburg (D) will prove that.

Current reports from Madison consistently describe a hard core of about one to two dozen protestors haunting the capitol building these days. Some Right Wing supporters of the union-busting tactics have publicly taken courage from this decrease since March 11th, when Walker signed the contententious bill. That, however, would be to focus on the hole, rather than the doughnut, so to speak.

While massive 100+ person rallies like those that continued for 3+ weeks in the capitol building are hugely important for gathering momentum and mobilizing latent energies, they really only represent the tip of an ungodly horror being whipped up for Walker and his supporters in places where it will do some real damage — the home districts of Republican legislators.  Here is but a brief sampling of highlights from the blog TMPDC:

— The wife of Senator Randy Hopper (R-Fond du Lac) and their household help have signed petitions demanding Hopper’s recall in a very public way.

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U.S. Supreme Court Rules ‘Hurtful Speech’ of Westboro Baptist Church is Protected Under First Amendment

WBCWarren Richey writes in the Christian Science Monitor:

Supreme Court Justice Alito is the lone dissenter in the 8-to-1 ruling on free-speech principles, saying the conduct of the Westboro Baptist Church ’caused petitioner great injury.’

In an important reaffirmation of free speech principles, the US Supreme Court on Wednesday ruled that noxious, highly offensive protests conducted outside solemn military funerals are protected by the First Amendment when the protests take place in public and address matters of public concern.

The high court ruled 8 to 1 that members of the Topeka, Kansas-based Westboro Baptist Church are entitled to stage their controversial antigay protests even when they cause substantial injury to family members and others attending the funeral of a loved one.

“Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and – as it did here – inflict great pain,” Chief Justice John Roberts wrote in the majority opinion.

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Tyson Foods Revokes Activist Chicken Farmer’s License To Raise Chickens; Farmer Sues & Loses Appeal in U.S. Supreme Court

TysonFoodsMark Sherman reports on the AP via Yahoo News:

The Supreme Court on Monday turned down an appeal from a former Tennessee poultry farmer who sued Tyson Farms after losing his contract to raise their chickens.

The justices did not comment in turning away Alton Terry, who said Tyson cut him off because he helped organize area farmers and complained about the company’s practices. Lower courts had previously dismissed the lawsuit.

Terry, essentially, argued that he lost his contract to raise chickens on his 12-acre farm, because he squawked too much.

Terry was a poultry farmer who brought together a group of area farmers and told them they had the right to complain about Tyson’s practices. He also raised concerns directly with Tyson, among the world’s largest meat companies.

Terry says Tyson and other big companies have too much sway over farmers, and federal courts also have bowed to agribusiness interests by setting too high a standard for the farmers to succeed in court.

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Vermont Proposes Resolution To Ban ‘Corporate Personhood’

0Talk about a victory for common sense, in the face of one of the most harmful and breathtakingly idiotic judicial precedents in U.S. history. AlterNet reports:

A year ago today, the Supreme Court issued its bizarre Citizens United decision, allowing unlimited corporate spending in elections as a form of “free speech” for the corporate “person.” Justice John Paul Stevens, writing for the dissent, had the task of recalling the majority to planet earth and basic common sense.

“Corporations have no consciences, no beliefs, no feelings, no thoughts, no desires,” wrote Stevens. “Corporations help structure and facilitate the activities of human beings, to be sure, and their ‘personhood’ often serves as a useful legal fiction. But they are not themselves members of ‘We the People’ by whom and for whom our Constitution was established.”

Fortunately, movements are afoot to reverse a century of accumulated powers and protections granted to corporations by wacky judicial decisions.

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Rep. Peter DeFazio Investigating Impeachment For Chief Justice John Roberts

Rep. Peter DeFazio

Rep. Peter DeFazio

From the Huffington Post:

With Democrats increasingly outraged over the Supreme Court’s Citizens United decision that allowed unlimited corporate spending in elections — a change conservatives have been more successful at taking advantage of — a Democratic congressman is raising the prospect of impeaching the Supreme Court’s chief justice over the issue.

“I mean, the Supreme Court has done a tremendous disservice to the United States of America,” Rep. Peter DeFazio (D-Ore.) told The Huffington Post on Tuesday. “They have done more to undermine our democracy with their Citizens United decision than all of the Republican operatives in the world in this campaign. They’ve opened the floodgates, and personally, I’m investigating articles of impeachment against Justice Roberts for perjuring during his Senate hearings, where he said he wouldn’t be a judicial activist, and he wouldn’t overturn precedents.”

In his 2005 confirmation hearings, Roberts famously said, “Judges and justices are servants of the law, not the other way around.

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