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US SCOTUS Decision (10am) Open thread for Thursday June 21st, 2012

Posted on 06/21/2012 2:58:37 AM PDT by Perdogg

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To: PghBaldy
Backup of LIVE ScotusBlog:

http://scotusblog.wpengine.com/

101 posted on 06/21/2012 7:20:09 AM PDT by PghBaldy (I eagerly await the next news about the struggles of Elizabeth Sacheen Littlefeather Warren.)
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To: NeverEVERKerry

10:19

Amy:
To answer a recurring question, the Court is scheduled to release opinions again on Monday. Depending on how many opinions it releases today, we expect at least one additional decision day to be added next week, but we don’t know for sure whether that will happen or when it will be. When we find out, we will pass that info on, either via the Live Blog or an editor’s note on the blog.

10:19
Amy:
We have the opinion in Dorsey and Hill, the Fair Sentencing Act cases.

10:19
Amy:
The opinion is by Breyer. The Seventh Circuit is vacated and remanded. The vote is 5-4. Justice Scalia dissents, joined by the Chief and Alito and Thomas.

10:20
Amy:
The Court holds that the FSA’s new mandatory minimums applies to sentences for crack cocaine imposed after the Act for pre-Act crimes.

10:20
Amy:
This is not the last opinion today.

*my update: This live blog is getting sloowwwwww now. wonder how many people on on it now?


102 posted on 06/21/2012 7:20:21 AM PDT by NeverEVERKerry (I AM JIM THOMPSON!)
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To: NeverEVERKerry
So on the majority’s rationale, the Court is 5-4 in the union dues case, divided on ideological lines. But in the result it is 6-3.

Would not be surprised if the numbers on ObamaCare fall along the same lines.

103 posted on 06/21/2012 7:20:21 AM PDT by TexasNative2000 (Jimmy Carter's incompetence + Richard Nixon's paranoia = Barack Obama)
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To: Perdogg

Watching the blog now....nothing on HC yet.


104 posted on 06/21/2012 7:20:50 AM PDT by CSM (Keeper of the Dave Ramsey Ping list. FReepmail me if you want your beeber stuned.)
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To: Perdogg

Whew! If so, praise you, thank you, Lord!
Let individual freedom, common sense and the common
good prevail.


105 posted on 06/21/2012 7:21:24 AM PDT by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: katieanna
I was stunned that someone in Washington would be that ignorant of the far-reaching aspects of this law.

The stupidity and naivete of voting age Americans is absolutely breathtaking - almost as if they have been brainwashed. Either the black jesus is the messiah or the antichrist becuase he sure does have a high % of Americans worshiping at his feet.
106 posted on 06/21/2012 7:21:58 AM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: Solson
Sotomayor seems to be showing loyalty to Roberts and voted with the majority. Kagan is another Ginsburg.

Sotomayor might be (somewhat) of a pleasant surprise (of course anyone nominated by the Kenyan who isn't hard core Marxist would be a pleasant surprise).

Kagan is hopeless.

107 posted on 06/21/2012 7:22:44 AM PDT by Marathoner (If the choice was Obama vs. Satan I'd have to flip a coin.)
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To: Personal Responsibility
You may be right on it except the vote to uphold the rest of Bobocare wouldn't be 5-4 but 6-3. Once the IndvMand would be struck down, Kennedy and Roberts would likely be satisfied that the rest passed constitutional muster.

Not that it does, just that I think Roberts would think appearances count at that point ie better to not have both healthcare votes go 5-4. But then Scalia, Alito and Thomas in strong dissent. "Sharp disagreements" all around, re: Ginsberg...

108 posted on 06/21/2012 7:22:44 AM PDT by StAnDeliver (=)
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To: TexasNative2000

10:21

Amy:
Dorsey and Hill have the more traditional line-up that we have come to expect in 5-4 cases.

10:22

Tom:
Coveritlive reports 70,000 readers on the live blog today. My over/under of 16,000 was off.

10:23
Amy:
To reiterate, we don’t know what the next opinion will be. It won’t be from Justices Alito, Sotomayor, or Kagan, b/c the last opinion was from Justice Breyer.

10:23

Kali:
The Court has posted the Dorsey/Hill opinion here: http://www.supremecourt.gov/opinions/11pdf/11-5683i7k8.pdf

10:23

Amy:
FCC v. Fox is in. Opinion is by Justice Kennedy. The decision of the Second Circuit is vacated and remanded.

*** I’m live blogging a live blog? weird. 70,000 people explains why it’s slow.


109 posted on 06/21/2012 7:23:33 AM PDT by NeverEVERKerry (I AM JIM THOMPSON!)
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To: Perdogg

How sweet would it be for the ObamaCare announcement to come from Justice Thomas?


110 posted on 06/21/2012 7:23:33 AM PDT by TexasNative2000 (Jimmy Carter's incompetence + Richard Nixon's paranoia = Barack Obama)
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To: Perdogg; All

Amy:
The opinion is by Breyer. The Seventh Circuit is vacated and remanded. The vote is 5-4. Justice Scalia dissents, joined by the Chief and Alito and Thomas.

~ ~ ~

That makes me very nervous .. the split: our 4 were aligned and lost.


111 posted on 06/21/2012 7:24:03 AM PDT by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: NeverEVERKerry

10:24

Amy:
The vote appears to be unanimous, although Justice Sotomayor did not participate, Ginsburg concurs in the judgment only.


112 posted on 06/21/2012 7:24:17 AM PDT by NeverEVERKerry (I AM JIM THOMPSON!)
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To: NeverEVERKerry

10:25

Amy:
Because the FCC failed to give Fox or ABC fair notice prior to the broadcast that fleeting expletives and momentary nudity would be indecent, the Commission’s standards as applied to these broadcasts were vague.

10:25

Amy:
Because it resolves these cases under the due process clause, it does not involve the First Amendment implications or reconsider Pacifica at this time.


113 posted on 06/21/2012 7:25:07 AM PDT by NeverEVERKerry (I AM JIM THOMPSON!)
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To: CSM
Jordan Sekulow ‏@JordanSekulow “@philipaklein: No Obamacare decision today” #scotus Expand Reply Retweet Favorite http://twitter.com/#!/search/scotus
114 posted on 06/21/2012 7:25:19 AM PDT by PghBaldy (I eagerly await the next news about the struggles of Elizabeth Sacheen Littlefeather Warren.)
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To: NeverEVERKerry

10:25

Tom:
The decision is very narrow. The analysis section of the opinion is only 5 pages long. It says simply that the FCC didn’t give advance notice. It doesn’t decide the big questions of the constitutionality of the current policy.


115 posted on 06/21/2012 7:25:39 AM PDT by NeverEVERKerry (I AM JIM THOMPSON!)
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To: Perdogg

FNS

NO DECISION TODAY on Immigration or Healthcare.

Decisions may become Monday.


116 posted on 06/21/2012 7:25:51 AM PDT by TomGuy
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To: NeverEVERKerry

NO DECISION TODAY!


117 posted on 06/21/2012 7:26:03 AM PDT by kempster
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To: Sacajaweau

seems that a nip slip is more important to the court than our individual liberty.

“10:26 Kali: The Court has posted the FCC opinion here: http://www.supremecourt.gov/opinions/11pdf/10-1293f3e5.pdf

Thursday June 21, 2012 10:26 Kali
10:27 Amy: No more opinions, according to Lyle. No health care coming today, no Arizona.”


118 posted on 06/21/2012 7:26:34 AM PDT by CSM (Keeper of the Dave Ramsey Ping list. FReepmail me if you want your beeber stuned.)
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To: NeverEVERKerry

It’s over - no more decisions for today.


119 posted on 06/21/2012 7:26:34 AM PDT by RedhairRedhair (I STILL love my (scab made) Toyota)
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To: NeverEVERKerry

10:26

Amy:
It is not addressing the constitutionality of the current indecency policy and the Court leaves the Commission free to modify its policy in light of its determination of the public interest and leaves the courts free to review the current policy or any changes thereto in light of what the policy is and how it is applied.

10:26

Amy:
That is all for today.

10:26

Kali:

The Court has posted the FCC opinion here: http://www.supremecourt.gov/opinions/11pdf/10-1293f3e5.pdf

10:27

Amy:
No more opinions, according to Lyle. No health care coming today, no Arizona.


120 posted on 06/21/2012 7:26:43 AM PDT by NeverEVERKerry (I AM JIM THOMPSON!)
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