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(Reuters) - The legal fate of President Barack Obama's signature healthcare law will likely come down to two Republican appointees on the U.S. Supreme Court -- Chief Justice John Roberts and Justice Anthony Kennedy. That would be a familiar role for Kennedy, a moderate conservative who often has cast the decisive vote on the most contentious issues before the nine-member high court divided between conservative and liberal factions.

U.S. Sen. Al Franken used his opening remarks at Solicitor General Elena Kagan's Supreme Court confirmation hearing to take sharp aim at what he says is an activist tilt by the high court. "There is such a thing as legislating from the bench," said Franken, who sits on the Senate Judiciary Committee in charge of the hearing. "And it is practiced repeatedly by the [Chief Justice John] Roberts court, where it has cut in only one direction: in favor of powerful corporate interests, and against the rights of individual Americans." U.S. Sen. Amy Klobuchar, who also sits on the committee,...

The Supreme Court ruled today that juvenile criminals cannot be sentenced to life in prison without parole except in homicide cases. Though 37 states, the District of Columbia, and federal law allow judges to impose life sentences without parole on juveniles, the Court noted that only 109 people were currently serving life terms for crimes committed while they were minors. Justice Anthony Kennedy, writing for the majority, relied heavily on Roper v. Simmons, the Supreme Court’s 2005 decision forbidding the death penalty for minors. Kennedy wrote that no theory of punishment justified locking up a minor for his or her...

If Elena Kagan is confirmed on the Supreme Court, there will be no Protestants on the Supreme Court, for the first time in American history. The majority of white Americans, as well as the majority of blacks, are Protestants. Evangelical Protestantism is the fastest growing religion in America, and is attracting large numbers of formerly Catholic Hispanics. America was founded as a European Protestant Civilization, and about 70 percent of Americans can loosely be defined as Protestants. At the time of the American Revolution, about 95 percent of Whites in America were Protestants. I am a Catholic, but some of...

Around here, one of the most powerful men in the nation is known as plain old John Stevens -- courteous bridge player, early-morning regular at the country club's tennis courts, a quiet and spry condo neighbor who checks his weight in the gym before heading off for his daily swim. But those who cross paths with him in his second home of South Florida have the same question as the president of the United States, the leadership of Congress, the abortion rights combatants, the disgruntled conservative legal activists and the grateful civil libertarians,

When President Obama turned his State of the Union address into an attack on the Supreme Court's ruling that ended the ban against corporate spending for political campaigns, the justices had to sit there motionless while encircled by Democratic lawmakers who cheered the president's scolding. Judicial scholars could not recall a president "taking a swipe" at the justices, as one of them put it, in such a venue, at least not since President Franklin D. Roosevelt did it in his 1937 address before he tried to pack the court with more liberals to rule in favor of his unconstitutional New...

U.S. Supreme Court Chief Justice John Roberts said Tuesday the scene at President Obama's State of the Union address was "very troubling" and the annual speech has "degenerated to a political pep rally." Obama chided the court, with the justices seated before him in their black robes, for its decision on a campaign finance case. Responding to a University of Alabama law student's question, Roberts said anyone was free to criticize the court, and some have an obligation to do so because of their positions. "So I have no problems with that," he said. "On the other hand, there is...

Some firm and unequivocal pushback today by Supreme Court Chief Justice John G. Roberts Jr. to President Obama's court criticism in January. It is not at all unusual in American history for the executive branch of the federal government (the White House, under the control of either party) to disagree with the judicial branch (Supreme Court). What is considerably more unusual is for the chief executive of the executive branch (Barack Obama) to look down on the members of said Supreme Court in public at a joint session of Congress and to their faces denounce their independent actions. And then...

Chief Justice John Roberts is not stepping down from the Supreme Court, despite a celebrity gossip report, a source very close to Roberts told Fox News. RadarOnline.com reported Thursday that Roberts, 55, would be resigning for personal reasons. But the source said the report is "completely untrue." There is "no medical issue, no issue at all," the source said, adding that there is not even a 1 percent chance that Roberts is considering resignation.

John Roberts, Chief Justice of the United States Supreme Court, is seriously considering stepping down from the nation’s highest court for personal reasons, RadarOnline.com has learned exclusively. Roberts, known for his conservative judicial philosophy, has served on the Supreme Court since 2005, having been nominated by President George W. Bush after the death of former Chief William Rehnquist. RadarOnline.com has been told that Roberts, 55, could announce his decision at any time. The decision paves the way for President Barack Obama to make his second appointment to the U.S. Supreme Court following his first, Sonia Sotomayor.

John Roberts, Chief Justice of the United States Supreme Court, is seriously considering stepping down from the nation’s highest court for personal reasons, RadarOnline.com has learned exclusively. RadarOnline.com has been told that Roberts, 55, could announce his decision at any time. The decision paves the way for President Barack Obama to make his second appointment to the U.S. Supreme Court following his first, Sonia Sotomayor.

WASHINGTON -- The Supreme Court on Tuesday refused to block the District of Columbia's gay marriage law, freeing the city to issue its first marriage licenses to same-sex couples the following day. Opponents of gay marriage in the nation's capital had asked Chief Justice John Roberts to stop the city from issuing the licenses on Wednesday while they appealed. They argued that D.C. voters should have been allowed to vote on the issue. Local courts have rejected the opponents' arguments. "It has been the practice of the court to defer to the decisions of the courts of the District of...

The U.S. Supreme Court justices gather for an official picture at the court in Washington Sept. 29. Seated in the front row are, left to right, Justice Anthony Kennedy, Justice John Paul Stevens, Chief Justice John Roberts, Justice Antonin Scalia, Justice Clarence Thomas, and in the back row are Justice Samuel Alito, Justice Ruth Bader Ginsburg, Justice Stephen Breyer and Justice Sonia Sotomayor. WASHINGTON — A U.S. Supreme Court ruling last week was seen as encouraging for the pro-life movement in two ways. Though the case had nothing to do with abortion, Citizens United v. Federal Election Commission was a...

Chief Justice John Roberts last week made it clear that the Supreme Court over which he presides will not hesitate to sweep away its own major constitutional rulings when doing so is necessary to defend America’s bedrock governing document. The announcement of that guiding core principle means two very big things. First, Roberts and his fellow strict constructionists on the court are now armed and ready with a powerful rationale for overturning the 1973 Roe v. Wade abortion ruling if Justice Anthony Kennedy or a future justice becomes the fifth vote against Roe. Secondly, successfully placing Roberts atop the high...

When justices ruled to strike down laws limiting corporate political spending, they signaled a tough road ahead for Democrats' regulatory measures. Reporting from Washington - Five years ago, when John G. Roberts Jr. became the Supreme Court's chief justice, he described the job as though he would be a minor functionary, more like an umpire behind the plate than the star of the game. He also said he favored minimal and narrow decisions, rather than broad but divisive rulings that would abruptly change the law. But in recent weeks, Roberts has shown that when he has the support of moderate...

One of the most conservative justices on the U.S. Supreme Court said Monday his more liberal colleagues are trying to manufacture new constitutional rights that were never intended by the drafters. “The fight is about the Supreme Court inventing new rights nobody ever thought existed,” Justice Antonin Scalia said in an appearance at the University of Arizona College of Law. “Right to abortion?” he asked. “Come on. Nobody thought it violated anything in the Constitution for 200 years. It was criminal.” The same, said Scalia, is true of homosexual sodomy. Yet the nation’s high court has struck down state laws...

Highlights of some high-profile cases that the Supreme Court will take up in its term that begins Monday (10/5/09): _Guns: The Second Amendment's right to keep and bear arms has never been held to apply to state and local laws restricting guns. The court is taking up a challenge to a handgun ban in Chicago to decide whether this right, like many others in the Bill of Rights, acts to restrict state and local laws or only federal statutes. If the court sides with gun rights supporters, lawsuits to overturn all manner of gun control laws are likely. _Animal cruelty...

Archbishop Donald Wuerl talks with Chief Justice John Roberts after the Red Mass Washington D.C., Oct 5, 2009 / 10:40 am (CNA).- One day before the opening of the Supreme Court's next term, Cardinal Daniel N. DiNardo of Galveston-Houston, issued a plea for the rights of the unborn at the 56th Annual "Red Mass," celebrated yesterday at the Cathedral of St. Matthew the Apostle in Washington D.C. The Mass was attended by six Supreme Court justices.The Mass is an initiative of the John Carroll Society, a group of Catholic legal professionals, and has been held at the cathedral since...

Fronting the pews at this morning's Red Mass in DC's St Matthew's Cathedral: the nation's First Catholic -- Vice-President Joe Biden -- joined by six Supreme Court Justices, including the bench's Chief John Roberts and newest member Sonia Sotomayor, both likewise of the fold. While the fulltext has yet to emerge, the wire's running a snip from the day's visiting preacher: The specialized, formal knowledge of the law "frequently becomes semi-mechanical, even distancing," [Cardinal Daniel] DiNardo [of Galveston-Houston] told the congregation. "The law and lawyers are around because justice among human beings will always be an issue." "Even sophisticated,...

With three new members in the past four years and the prospect of more change ahead, the Supreme Court led by Chief Justice John G. Roberts Jr. commences this week what could be a transformative term. New Justice Sonia Sotomayor will receive the most attention, as President Obama's historic choice begins to reveal the judicial philosophy that remained largely cloaked during her confirmation hearings. And speculation will build about whether a retirement by one of the aging liberal justices will give Obama another opportunity to make his mark.

Here is raw video of the U.S. Supreme Court Justices posing for a group photo today. The newest justice - Sonia Sotomayor - had her first group photo taken with her colleagues. . . . (VIDEO)

Next week, the Supreme Court will begin its 2009 term, secure in the knowledge that it remains almost completely misunderstood by the American public. A Gallup poll conducted this month showed the court's current approval rating to be higher than it's been in a decade: As of now, 61 percent of Americans approve of the high court's performance. Last year, that number was slumping at 50 percent. Fifty percent of Americans currently believe the court is neither too liberal nor too conservative; that's up from 43 percent last year. And the number of Americans who believe the court is too...

When Sen. Lindsey Graham of South Carolina was explaining his decision to become one of the nine Republicans to support the nomination of Judge Sonia Sotomayor, he said it was made easier because she would not alter the ideological balance on the Supreme Court. Having her replace Justice David Souter, a regular member of the liberal bloc, would not tilt the court further in that direction, he said. With all due respect to a senator I very much admire, I think he may underestimate the impact of having Sotomayor on the high court. Certainly, there is a world of difference...

Here is video of Sonia Sotomayor being sworn-in today as an Associate Justice of the Supreme Court of the United States. She will be "invested as a member of the Court" on September 8 in a special session of the Supreme Court. But the swearing-in today allows her to begin her work as an Associate Justice. Sotomayor took the oath with her mother holding a Bible and her brother standing beside her. Chief Justice John Roberts administered the Oath, holding the text of the oath in his hands. . . .(Watch Video)

The Supreme Court’s ruling this morning on the New Haven firefighters’ lawsuit is a reminder of the vital role a sane majority on the high court plays in protecting the rights of citizens against the dictates of liberal ideology. The 5-4 ruling, which reverses a decision endorsed by Supreme Court nominee Sonia Sotomayor, validated the complaints of a group of firefighters who took and passed a promotion test but wound up being told that the exam was invalid because no minorities had done well enough on it. Though no one could credibly allege that the test was biased or that...

Reporting from Washington -- The Supreme Court narrowed, but did not overturn, the historic Voting Rights Act today, ruling that municipalities across the South that have had a clean record for the last decade can seek an exemption from the law. The decision came as a relief to civil rights advocates, who feared the high court was prepared to invalidate the law. Since 1965, the Voting Rights Act has required states and municipalities in the South to "pre-clear" any changes in their voting or election standards with the Justice Department in Washington. Three years ago, Congress extended this provision for...

The Supreme Court announced Monday it will not give further consideration to a lawsuit brought by a fired CIA agent and her husband against high ranking Bush administration officials, including former Vice President Dick Cheney. The decision is a victory for Cheney and his former chief of staff, I. Lewis "Scooter" Libby, former White House Chief of Staff Karl Rove, and former Deputy Secretary of State Richard Armitage. They and nine unnamed co-defendants were sued by Valerie Plame Wilson and her husband Joseph after her CIA cover was leaked to reporters.

Many conservatives have taken up the cause of Frank Ricci, a New Haven, Conn., firefighter who sued the city, claiming that officials discriminated against him when they rejected the results of a promotion exam, on which he did well, because all but one of the top scoring candidates were white. Ricci's claim is now before the Supreme Court. I've written about it once to explain why Ricci's argument is a threat to an important part of modern civil rights law, and I'm writing again now because a lot of people have suggested that Ricci has been treated unusually and unfairly...

Syllabus At a preliminary hearing required by Louisiana law, petitioner Montejo was charged with first-degree murder, and the court ordered the appointment of counsel. Later that day, the police read Montejo his rights under Miranda v. Arizona, 384 U. S. 436, and he agreed to go along on a trip to locate the murder weapon. During the excursion,he wrote an inculpatory letter of apology to the victim’s widow. Upon returning, he finally met his court-appointed attorney. At trial, his letter was admitted over defense objection, and he was convicted and sentenced to death. Affirming, the State Supreme Court rejected his...

The vice president can't complain if Republicans object to Obama's Supreme Court nominee. Vice President Joe Biden is widely praised for the expertise he brings in helping Barack Obama choose a replacement for retiring Supreme Court Justice David Souter. Having served for three decades on the Senate Judiciary Committee, he is considered an asset both for his relationships with committee members and his familiarity with the nuts and bolts of judicial nominations. So let's have a look at how the confirmation process actually fared under Mr. Biden's leadership. As a member of the Senate Judiciary Committee, Mr. Biden was present...

President Obama will soon make his first nomination to the Supreme Court in order to replace retiring Justice David Souter. Since Justice Souter almost always votes with activist justices, the nomination will not tip the balance on the most controversial issue facing the Court - the difficulty of balancing a woman's right to abortion and a fetus's right to stay alive. The current Supreme Court has avoided taking a clear stand on abortion. In 2007 the Court ruled in Gonzales v Carhart that the federal government could limit "partial birth abortions" and in 2008 it refused to hear cases that...

WASHINGTON — And now there are four. In the space of a week, the number of states allowing same-sex marriage has doubled, with Iowa and then Vermont joining Massachusetts and Connecticut. In California, gay and lesbian couples were exchanging vows for five months before voters put a stop to the practice in November. Californians are still talking it over, though, and loudly. New York and New Jersey may be next to debate the question. In other contexts, this sort of turmoil might amount to an invitation for the United States Supreme Court to step in. But there are all sorts...

Reid: Roberts 'didn't tell us the truth' By: Manu Raju March 27, 2009 11:02 AM EST Senate Majority Leader Harry Reid said Friday that John Roberts misled the Senate during his confirmation hearings by pretending to be a moderate – and that the United States is now “stuck” with him as chief justice. “Roberts didn’t tell us the truth, at least Alito told us who he was,” Reid said, referring to the second Supreme Court justice nominated by President George W. Bush, Samuel Alito. “But we’re stuck with those two young men, and we’ll try to change by having some...

"Yesterday I traveled to Idaho. I was able to address Chief Justice Roberts during the question answer session after his lecture. There were numerous cameras recording this event and simultaneous feed broadcast to all the campuses of the University of Idaho. Roughly 5,000 people in all the campuses had an opportunity to hear what I had to say, it is in video archives and now everybody knows the truth and knows that leftist media thugs such as Seattle Washington Observer shamelessly twist the truth to fit their Pro Obama blind idiot agenda ..."

Supreme Court Steps Closer to Repeal of Evidence Ruling By ADAM LIPTAK Published: January 30, 2009 The Reagan administration’s attacks on the exclusionary rule — a barrage of speeches, opinion articles, litigation and proposed legislation — never gained much traction. But now that young lawyer, John G. Roberts Jr., is chief justice of the United States. This month, Chief Justice Roberts, writing for the majority in Herring v. United States, a 5-to-4 decision, took a big step toward the goal he had discussed a quarter-century before. Taking aim at one of the towering legacies of the Warren Court, its landmark...

WASHINGTON — The Supreme Court on Wednesday refused to consider attempts to revive a 1998 law intended to protect children from Internet pornography, ending a legal conflict dating to the administration of President Bill Clinton. Without comment, the court handed down an order declining to take the case of Mukasey v. A.C.L.U., No. 08-565. The administration of former President George W. Bush, through Attorney General Michael Mukasey, had asked the justices to review the law. The American Civil Liberties Union has been a leading foe of the statute. The Child Online Protection Act has been the subject of court battles...

2008 Year-End Report on the Federal Judiciary This past November, the Smithsonian Institution completed an acclaimed renovation of its National Museum of American History, which houses many of our Nation’s most treasured historical artifacts. The highlight for many visitors is the Star-Spangled Banner Gallery, which provides a permanent home for the garrison flag that flew over Fort McHenry on the morning of September 14, 1814. The appearance of the flag at dawn marked the success of American soldiers in repulsing a British attack during the War of 1812 and inspired Francis Scott Key to compose the song that has become...

Chief Justice John Roberts has sent a full-throated challenge of Barack Obama’s presidential eligibility to conference: Lightfoot v. Bowen (SCOTUS docket page). I.O. interviewed Lightfoot lead attorney, Orly Taitz at 2:20pm CT, today, minutes after she learned of this move. Taitz believes, “This is Chief Justice Roberts telling the Congress… the other eight Justices, that there is a problem with this election.” The Lightfoot case has legal standing, due to litigant, Libertarian Gail Lightfoot’s vice presidential candidacy in California. It also address two major issues of legal merit: 1. Obama’s failure to provide legally evidentiary documentation of citizenship and American...

Press Release from Dr. Orly Taitz, ESQ01.07.09. Good news, Chief Justice John Roberts agreed to hear my case Lightfoot v Bowen, challenging eligibility for presidency of Barack Hussein Obama. He distributed the case to the full conference of the Supreme Court. The timing of this decision by the Chief Justice of the Supreme Court, John Roberts, is absolutely remarkable. On January 7, one day before the January 8 vote by Congress and Senate, whether to approve or object to the electoral vote of Barack Hussein Obama, aka Barry Soetoro, as president of the United States, Chief Justice Roberts is sending...

Tonight from attorney Orly Taitz: 01.07.09. Good news, Chief Justice John Roberts agreed to hear my case Lightfoot v Bowen, challenging eligibility for presidency of Barack Hussein Obama. He distributed the case to the full conference of the Supreme Court. The timing of this decision by the Chief Justice of the Supreme Court, John Roberts, is absolutely remarkable. On January 7, one day before the January 8 vote by Congress and Senate, whether to approve or object to the electoral vote of Barack Hussein Obama, aka Barry Soetoro, as president of the United States, Chief Justice Roberts is sending a...

Most of us do not have the confidence in the Supreme Court of the US (SCOTUS) to cleanly uphold the constitution and declare Obama ineligible. This isn't because of a conspiracy, it's because they fear race riots and political consequences. The fact that they subsume to this fear is a direct affront to their original JOB, which is to uphold the constitution without political calculus. That's why we give them lifetime employment. What we should explore here are the various ways that the SCOTUS might be Solomonic in their decision and split the baby by allowing zer0bama to keep his...

The harebrained lawsuit demanding disclosure whether President elect Barack Obama is a U.S. citizen or not was laughed out of New Jersey courts in October. A few weeks later Supreme Court Justice David Souter gave it just as short shrift. He denied a stay to get Obama removed from the ballot in that state. But that didn´t end the matter. Supreme Court Justice Clarence Thomas saw to that. He took the almost never heard of step of reopening the issue by agreeing to put the matter to a conference vote. Thomas´s ridiculous lone wolf effort to arm twist the justices...

Supreme Court – Obama Birth Certificate -The verdict is in! By Scott Prentice   Reading “Traditional News Media” reports you would think it was. Reading headlines and briefs like ABC Senior White House Correspondent Jake Tapper and I quote: “After the Justices meet -- and assuredly decline to hear the matter -- the anti-Obama activists supporting the case will hold a vigil near the steps of the highest Court in the land.” Or Los Angeles Time reporting – Satire “It may come as something of a shock to those millions planning trips to Washington for the Jan. 20 inauguration of President-elect...

No announcement today from the Supreme Court about whether it will hear what I call the Obama-isn't-a-natural-born-citizen-so-he-can't-be-president lawsuit, officially known as Donofrio v. Wells. [Snip] Donofrio wasn't announced as one of the two cases the court decided to take. Scotusblog has details on the cases. I'm told by a Supreme Court watcher that the lack of an announcement doesn't mean the court definitely won't hear Donofrio although he thinks it's safe to say its unlikely the court won't hear the case. The full orders aren't due until Monday. So we'll just have to stay tuned.

December 5, 2008 Supreme Court Silent on Obama Birth Certificate Lawsuit The Supreme Court made no announcement today whether or not it will hear Donofrio v. Wells, the lawsuit challenging the election based on Barack Obama's release - or alleged lack thereof - of his official birth certificate and his citizenship status. (The court did decide to hear two cases, one of which is the case of Ali Saleh Kahlah al-Marri, an Al Qaeda combatant seized on American soil.) Of course, there's no guarantee the Court will ever actually issue any statement on the Obama case since it was simply...

Colin Powell said one of his key reasons for supporting Barack Obama over John McCain was a difficulty with two more conservative appointments to the Supreme Court, which he added is “what we'd be looking at in a McCain administration." Code for no Alito’s or Scalia’s. Powell went on to say that his decision had nothing to do with race, reinforcing that Obama was a “transformational” candidate. Interesting to see what the left will think of an endorsement from a man they ridiculed just a few short years ago on the war in Iraq. Powell also took issue to the...

John Roberts writes dissent that debuts new genre: Supreme Court noir The Supreme Court of the United States. Just after 10 o'clock. John Roberts was working his usual shift. Chief justice of the United States. Three years on the job. His reputation? Incisive questioner. Good writer. Fast. Funny. Roberts knows his way around an opinion. Even a dissent. Like the one he issued Tuesday. The case? Pennsylvania's top court threw out a drug bust because the police officer who saw an apparent exchange between two suspects did not have enough evidence to make the arrest. Roberts wanted his court to...

A federal court decision approving mandatory public school instruction for children as young as kindergarten in how to be homosexual is being allowed to stand, drawing a description of "despicable" from the parent who unsuccessfully challenged his school district's "gay" advocacy agenda. The U.S. Supreme Court without comment has refused to intervene in a case prompted by the actions of officials at Estabrook Elementary school in Lexington, Mass., who not only were teaching homosexuality to young children, but specifically refused to allow Christian parents to opt their children out of the indoctrination. The case on which WND has reported previously...

Less than a week before its October term is set to begin, the US Supreme Court became a spectacle of sound and fury on Wednesday over a landmark decision handed down three months ago declaring that the death penalty for child rapists is cruel and unusual punishment. At issue was whether the high court would revisit the landmark 5-to-4 decision after revelations last summer that contradicted the majority justices' conclusion that a "national consensus" had emerged against the death penalty for the rape of a child. The June 25 decision said only six states had laws authorizing capital punishment for...

“Thanks W!” proclaims the lapel button some delegates to the Republican convention are sporting this week in St. Paul. Smiling from that button: Chief Justice John Roberts and Associate Justice Samuel Alito. A group of conservative activists and GOP delegates got together in Minneapolis Tuesday on the sidelines of the convention to focus on the election’s highest stakes — as in the highest court in the land. “Elections do have consequences,” said ex-senator Mike DeWine from Ohio, who was booted from his Senate seat in 2006. Yes, it was a humdrum truism. But the defeated DeWine himself exemplified the fact...