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Short-handed Supreme Court delays action in 3 cases
Opinions |
2016/11/01 15:11
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The Supreme Court is offering new evidence that the short-handed court is having trouble getting its work done.
The justices have yet to schedule three cases for arguments that were granted full review in January, about a month before Justice Antonin Scalia died. The cases involve separation of church and state, class-action lawsuits and property rights, issues that often split liberal and conservative justices.
Their absence from the calendar of cases that are being argued this fall suggests that the justices believe they may divide 4 to 4, and are waiting for a ninth justice to join them.
“The court doesn’t like to do a lot of work and have a 4-4 result. There may be a desire of the court to try to wait for the full complement of justices,” said Todd Gaziano of the Pacific Legal Foundation, which is taking part in the property rights case.
The court on Friday released its argument calendar for late November and early December. It includes redistricting disputes from North Carolina and Virginia, and a Texas death row inmate’s appeal.
Senate Republicans have refused to act on Judge Merrick Garland’s nomination to fill Scalia’s seat.
Even if Garland were to get a Senate hearing and vote after the election, if Hillary Clinton wins the presidency, the earliest he could join the court would be for its January arguments. If the Senate does not act on Garland’s nomination in its post-election “lame duck” session, the vacancy could last into the spring, meaning almost all of the court’s term would go by with eight justices.
In the meantime, several justices have commented on the challenges posed by the absence of one justice.
“It’s much more difficult for us to do our job if we are not what we’re intended to be — a court of nine,” Justice Sonia Sotomayor said Monday at the University of Minnesota.
The justices divided evenly in four cases following Scalia’s death last term. A tie vote keeps in place the lower court decision that is being reviewed, without setting any nationwide law on the question at issue. It’s as if the high court hadn’t taken on the case in the first place
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Ted Cruz's Supreme Court remark draws White House criticism
Court News |
2016/10/28 16:56
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Sen. Ted Cruz's suggestion of an indefinite Supreme Court vacancy under a President Hillary Clinton raises questions about the credibility and integrity of Republicans who have said the next president should get to the choose who fills the vacancy, White House spokesman Josh Earnest said Thursday.
Earnest was asked during Thursday's White House press briefing about the Texas Republican's statement that there is a long historical precedent for a Supreme Court operating with fewer justices.
Earnest replied that the notion of opposing any nomination put forward by a Democratic president would be inconsistent with longstanding Senate tradition. He said historically that the Senate has evaluated candidates based on their merits.
"Republicans this year have deviated from that tradition by refusing to even consider Chief Judge Merrick Garland to fill the vacancy on the Supreme Court," Earnest said.
Cruz's comment also seemingly contradicts an earlier position he took during the GOP primary when he told CNN, "I think 2016 should be a referendum on the Supreme Court."
Sen. John McCain said earlier this month that Republicans would unite against any Supreme Court nominee that Clinton puts forward if she becomes president, though an aide later said that McCain would examine the record of anyone nominated for the high court and vote for or against that person based on their qualifications.
Obama nominated Garland in March to fill the vacancy left by the death of former Justice Antonin Scalia, but Senate Republicans, led by Majority Leader Mitch McConnell, declined to hold hearings as they insisted the voters choosing the next president would have the final say on the vacancy. |
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Greece court cancels TV license overhaul; blow to government
Court Watch |
2016/10/24 16:56
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A high court has canceled a television license auction in Greece, dealing a blow to the country's left-wing government which carried out the sale as part of an anti-corruption drive.
Judges from the Council of State court ruled 14-11 late Wednesday that the auction in September was unconstitutional because the process bypassed an independent media regulator.
The ruling means the government will have to pay back money it has received from the 246 million euro ($275 million) sale. And its plans to reduce the number of national private broadcasters from seven to four will be canceled.
The auction triggered a major political spat over corruption and control of the news media.
Opposition parties accused Prime Minister Alexis Tsipras — whose left-wing Syriza party is a relative newcomer to mainstream politics — of trying to gain influence over the news media.
Tsipras had made the auction the centerpiece of his reforms. He argued it would sever a corrupt relationship between traditionally powerful political parties and industrialists who used media ownership to seek lucrative state contracts — a relationship the government said created decades of financial mismanagement and was a cause of Greece's crippling financial crisis.
In weekend speech to party members, Tsipras had promised to defend the license overhaul.
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Grassley: GOP can't stonewall a Clinton Supreme Court pick
Attorney News |
2016/10/21 20:15
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Republicans "can't just simply stonewall" nominees to the Supreme Court even if the president making the choice is Democrat Hillary Clinton, says the GOP chairman of the Judiciary Committee in a reaffirmation of the Senate's advise-and-consent role on judicial picks.
Iowa Sen. Chuck Grassley's comments on Tuesday was a response to fellow Republican Sen. John McCain, who a day earlier vowed that Republicans would unite against any nominee Clinton puts forward if she becomes president. That unprecedented pledge raised the possibility that the Supreme Court would have to operate for four years of a Clinton term with one or more vacancies, rather than nine justices.
The court has had one vacancy for months since the death of Justice Antonin Scalia in February. Republicans have refused to consider President Barack Obama's nomination of Merrick Garland, arguing that the next president should fill the opening.
"I think we have a responsibility to very definitely vet — if you want to use the word vet — whoever nominee that person puts forward," Grassley told radio reporters in Iowa. "We have the same responsibility for (Donald) Trump. We know more the type of people Trump would nominate because he's listed 20. They fall into the category of strict constructionists. As I heard about Hillary on the last debate, the type of people she's going to appoint, I would say they're judicial activists."
He added that the new president should make the choice and "if that new president happens to be Hillary. We can't just simply stonewall."
McCain's comments came in an interview with Philadelphia talk radio host Dom Giordano to promote the candidacy of Sen. Pat Toomey, R-Pa., one of the more vulnerable GOP incumbents as Republicans scramble to hold onto their Senate majority.
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Pakistan's top court seeks reply from PM over money scandal
Court News |
2016/10/20 20:15
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Pakistan's Supreme Court Thursday sought a reply from Prime Minister Nawaz Sharif in response to several petitions seeking his resignation over a financial scandal involving his family.
The court gave Sharif two weeks to submit his response, Sharif's aides and opposition leaders told reporters outside the courthouse.
The premier has been under pressure from the opposition to step down because his family members were named as holders of offshore bank accounts in leaked financial documents from Panamanian law firm Mossack Fonseca.
One of the petitions has come from the opposition party of cricketer turned politician Imran Khan who is threatening to bring tens of thousands of protesters to the capital, Islamabad, on Nov. 2 to press for Sharif's disqualification. This was the first step to make the prime minister answerable to the law, Khan said. "We wanted to have it settled in parliament, but the prime minister didn't present himself there for accountability."
He said the court proceedings didn't mean that he would postpone the street rallies.
Sharif's aide and Pakistani Defense Minister Khawaja Muhammad Asif said the government was ready to be transparent and accountable. "We will never escape," he said. "We're ready for accountability at any forum."
Another of Sharif's ministers Khawaja Saad Rafique said there was no reason for any more protest rallies now that the country's top court had taken up the issue.
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