TPMDC Antonin Scalia
Antonin Scalia
Scalia Likens Undocumented Immigrants To 'Bank Robbers'
Justice Antonin Scalia
In his fervent defense Wednesday of Arizona's right to crack down on illegal immigration, Justice Antonin Scalia likened immigration enforcement to crackdowns on bank robbers.
"What's wrong about the states enforcing federal law?" Scalia said during his aggressive questioning of U.S. Solicitor General Donald Verrilli. "There is a federal law against robbing federal banks. Can it be made a state crime to rob those banks? I think it is."
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supreme court
Broccoli Lobby Won't Target Supreme Court
The broccoli lobby is sitting this fight out.
Opponents of President Obama's health care reform law have questioned whether the government, after requiring people to buy health insurance, could eventually mandate that people buy broccoli.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Antonin Scalia, broccoli, health care reform, supreme court
Health Care
Supreme Court Justices Struggle With Health Policy And Key 'Obamacare' Facts
In weighing the constitutionality of the health care law's individual mandate, and possibly in deciding what to do with the rest of the law if they strike that provision, Supreme Court justices will have to confront key questions of health policy: What purpose does the mandate serve? How connected is it to other measures in the law? If those other measures must fall, too, what's left? And is that new, diminished law the sort of policy that Congress might have passed if the mandate had proved politically infeasible in the first place?
That's a troubling reality for reform supporters.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Antonin Scalia, Constitution, Donald Verrilli, HCR/SCOTUS, Health Care, Individual Mandate, Insurance, Samuel Alito, Supreme Court
Health Care
Conservatives Struggle With Key Anti 'Obamacare' Argument
Justice Antonin Scalia
For the challengers' constitutional attack against the individual mandate in President Obama's health care law to withstand scrutiny, they need to maintain two key questionable arguments.
The first is the plaintiffs' claim that the law's mandate and the penalty enacted to enforce the mandate are fully distinct. Their challenge depends on the court viewing the mandate as a command, and not part of a more general incentive.
Relatedly, they claim that the command itself is meant to draw non-participants into a market they may not want to enter. For this to fly, they have to contend that the market the government is regulating -- or that Congress intended to regulate -- is the market for health insurance and not the much broader market for health care services.
This has become a central point of contention, and it could be an issue on which the court's decision turns. And yet squaring the challenger's argument with the history and purpose of the health care law presents opponents of the law with a question they've had a very hard time answering.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Antonin Scalia, Constitution, Donald Verrilli, Elena Kagan, HCR/SCOTUS, Health Care, Individual Mandate, John Roberts, Paul Clement, Sonia Sotomayor, Supreme Court
Antonin Scalia
Scalia Echoes GOP Buzzwords Against 'Obamacare'
Justice Antonin Scalia's misgivings about President Obama's health care law were evident to all observers during this week's three days of Supreme Court arguments on its constitutionality.
But his skepticism went beyond probing questions about Congressional power and interstate commerce. At various points, the justice's questions echoed lines of attack you'd just as likely read on a conservative blog or in a Republican National Committee email blast.
Here are Scalia's top five Supreme Talking Points.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Antonin Scalia, Broccoli, HCR/SCOTUS, Supreme Court
Wednesday's Supreme Court arguments over the fate of the president's health care law were defined by the same themes that marked the first two days: Liberal justices directed their toughest questions on the challengers, while conservative justices relished the opportunity to tie the administration's lawyers in logical knots.
That may seem unsurprising -- why wouldn't the same ideological divisions that have dogged the law for two years carry over into the high court, all the way through six hours of oral arguments?
But Wednesday's arguments weren't about the controversy at the center of the legal challenge -- can the government compel people to buy health insurance? They were about the court's discretion to interfere with the rest of the law, and a decades-long understanding of the relationship between the federal government and the states. Most legal observers assumed the issues at stake on Wednesday were no-brainers. So the fact that the conservative justices once again aligned -- at least rhetorically -- in sympathy with the challengers suggests just how tempted they are to swing for the ideological fences.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Anthony Kennedy, Antonin Scalia, Barack Obama, Constitution, HCR/SCOTUS, Health Care, Individual Mandate, John Roberts, Medicaid
Antonin Scalia
Antonin Scalia Wary Of Health Care Mandate
If conservative Justice Antonin Scalia hadn't already made up his mind on the individual mandate before Tuesday's oral argument, he apparently wanted people in the court to think otherwise.
Scalia aggressively questioned the Obama administration's lawyer Donald Verrilli on the limits of federal power, and how they might be impacted if the health care law's requirement to purchase insurance is upheld.
That may not seem like much of a surprise. But Scalia's opinion in a recent, key case -- one that hinged on a similar question of the extent of Congress' commerce clause power -- convinced many health care reform supporters he might be in play.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Antonin Scalia, HCR/SCOTUS
Health Care
Alito, Breyer Call Out Obama Lawyer For Dubbing Mandate Both A 'Penalty' And 'Tax'
On the first day of health care reform arguments before the Supreme Court, two justices needled a top Obama lawyer for simultaneously calling the fine that will be paid under the law for not purchasing insurance a "penalty" and a "tax."
The confusion arises because of the administration's argument that the power to enforce the individual mandate is rooted in Congress' taxing power -- but that the mechanism itself is designed to be a penalty, not a revenue-generating policy.
The narrow but important distinction created a communication challenge for the lawyer representing the Obama administration.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Affordable Care Act, Antonin Scalia, Donald Verrilli, Elena Kagan, HCR/SCOTUS, Health Care, Individual Mandate, Samuel Alito, Stephen Breyer, Supreme Court
Supreme Court
Justices Skeptical That Health Care Mandate Is A 'Tax'
The Supreme Court kicked off oral arguments over President Obama's health care law Monday by dedicating 90 minutes to the one issue on which the White House and the Republican challengers agree: The justices should hand down a speedy ruling on the constitutionality of the law this summer, rather than punt it to 2015 or beyond.
Lawyers for the Obama Justice Department and for the 26 Republican-led states challenging the law agreed that an old statute called the Anti-Injunction Act -- which forbids people from challenging taxes in court unless they've already been assessed by the government -- does not apply in this case. The Supreme Court enlisted outside counsel to make the opposite case.
The justices appeared broadly skeptical that the law's fine imposed on Americans who fail to carry health insurance qualifies as a "tax."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Antonin Scalia, Barack Obama, Clarence Thomas, Constitution, Elena Kagan, HCR/SCOTUS, Health Care, Health care lawsuits, Individual Mandate, John Roberts, Samuel Alito, Sonia Sotomayor, Stephen Breyer, Supreme Court
Antonin Scalia
How Scalia Helped Obama Defend The Birth Control Rule
Justice Antonin Scalia
This article was updated at 1:00 pm ET to include breaking news after publication.
The Obama administration is already facing lawsuits challenging its requirement that insurance plans cover birth control as a violation of religious freedom. Speaker John Boehner (R-OH) has flatly called the regulation unconstitutional. But although it's unclear how much traction the legal challenges will gain, especially in light of the White House adjusting the mandate Friday, the President and his backers have one unlikely man to thank for helping their cause: Justice Antonin Scalia.
"One thing I think is crystal clear -- there is no First Amendment violation by this law," Adam Winkler, a constitutional law professor at UCLA, told TPM. "The Supreme Court was very clear in a case called Employment Division v. Smith, written by none other than Antonin Scalia, that religious believers and institutions are not entitled to an exemption from generally applicable laws."
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Affordable Care Act
Is The Obama Admin Trying To Box In Scalia On The Health Care Mandate?
Justice Antonin Scalia
On first blush, it seems like a no-brainer that Antonin Scalia will vote to overturn the health care reform law's requirement that Americans buy insurance: the Reagan-appointed justice is a staunch conservative who's beloved by Republicans; for what possible reason could he deliver such a devastating blow to his own side and boost President Obama?
The answer: judicial precedent. His own. And the Obama administration has noticed.
In its brief filed with the Supreme Court Friday, the Justice Department cited no fewer than 10 times the 2005 Gonzalez v. Raich case, in which Scalia (and Justice Anthony Kennedy) broke with the court's conservative wing to hand down what scholars viewed as one of the broadest declarations of federal power under the Commerce Clause: a 6-3 ruling decreeing that Congress may ban a medical-marijuana patient from growing cannabis for personal use in California where it's legal.
Topics: Affordable Care Act, Antonin Scalia, Supreme Court
112th Congress
Reps. Weiner and Murphy: Force Politicized Supremes to Recuse Themselves
Supreme Court Justice Clarence Thomas
Taking up progressive complaints that the Supreme Court has become dangerously politicized, Reps. Anthony Weiner (D-NY) and Chris Murphy (D-CT) are introducing legislation that could require justices to recuse themselves in certain cases.
"The problem is the only person who can decide whether Justice Thomas can recuse himself is Justice Thomas," Murphy told reporters at a press conference outside the Capitol. "That's wrong and that needs to change."
The bill would allow the Judicial Conference, which determines standards of recusal for federal judges, to examine Supreme Court members as well and create guidelines for determining a conflict of interest. They could even force members to step down from certain cases if they determined a procedure for such a move. The bill would also require members to offer an explanation if they decide to recuse themselves voluntarily as to why they declined to judge a case.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: 112th Congress, Anthony Weiner, Antonin Scalia, Chris Murphy, Clarence Thomas, Ginni Thomas, Health Care, Supreme Court
State Of The Union
Which Supreme Court Justices Are Skipping The SOTU?
Supreme Court Justices Samuel Alito, Clarence Thomas, Antonin Scalia
The Supreme Court appears to be dividing 6-3 -- on whether the nine individual Justices are attending tonight's State of the Union address.
As you might recall, last year Justice Samuel Alito got into some controversy when he reflexively mouthed out the words "not true" in response to Obama's criticism of the Citizens United ruling, which overturned a variety of limits on corporate spending in political campaigns.
Several weeks later, Chief Justice John Roberts said he was "very troubled" by the whole environment of the State of the Union: "To the extent the State of the Union has degenerated into a political pep rally, I'm not sure why we are there."
And as it turns out, some of the conservatives justices won't be there this time, either -- a new practice for Alito himself, and a long-standing one for others. But interestingly enough, Roberts is still going.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Antonin Scalia, Clarence Thomas, Samuel Alito, State Of The Union, Supreme Court
Earmarks
Oops! Republican Asks Scalia About Constitutionality Of Earmarks
At a tea party in Washington, D.C. in 2009.
The latest in a recent string of Constitution gaffes might make Republicans think twice about their earmark moratorium.
On Monday, Rep. Michele Bachmann (R-MN) hosted a seminar for (mostly Republican) House members on the Constitution. Her special guest was Supreme Court Justice Antonin Scalia, who presided over what was reportedly a fairly dry, straightforward discussion of his legal doctrine, and answered a handful of other Constitutional questions.
At least one of these, it turned out, was embarrassingly rudimentary.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Antonin Scalia, Earmarks, Jerrold Nadler, Michele Bachmann, Pork, Republicans, Tea Party
Antonin Scalia
Dem Reps. Back Scalia's Attendance At Tea Party Constitution Event
Supreme Court Justice Antonin Scalia
Critics of conservative Supreme Court justice Antonin Scalia were quick to raise red flags Monday after he emceed a member seminar on the Constitution at the behest of Tea Party caucus leader Michele Bachmann. MSNBC hosts Lawrence O'Donnell and Rachel Maddow, in particular, suggested his visit was a symptom of the increasing politicization of the Court -- particularly among its conservative members.
But Monday evening, two progressive members who attended the seminar vouched for Scalia and the event, and dispelled the notion that anything untoward happened.
According to Rep. Jan Schakowsky (D-IL), who addressed reporters just outside the forum, the event was "incredibly useful, partly just to get the sense of Justice Scalia as an individual."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Antonin Scalia, Constitution, Jan Schakowsky, Jerrold Nadler, Michele Bachmann, Supreme Court, Tea Party
Roundup
TPMDC Morning Roundup
Obama To Meet Conservative Freshman Lawmakers At White House
The Washington Post reports: "The president will greet his shellackers on Monday. President Obama will meet with the newly elected members of the House and Senate at an evening reception at the White House that is closed to the media. The administration has not yet put out a list of which members will be in attendance, but the event no doubt will be dominated by people who contributed to Obama's self-described 'shellacking' in November: 87 of the nearly 100 new House members are Republicans, as are 13 of the 16 new senators."
Obama's Day Ahead
President Obama, First Lady Michelle Obama and Dr. Jill Biden will deliver remarks at an 11 a.m. ET event, highlighting the federal government's support for military families. Obama will meet at 4:30 p.m. ET with Secretary of Defense Robert Gates. At 7:30 p.m. ET, the President and First Lady, and the Vice President and Dr. Biden, will host a reception for new members of Congress.
Topics: Antonin Scalia, Barack Obama, John Boehner, Michele Bachmann, Roundup, State Of The Union
Antonin Scalia
Scalia: 14th Amendment Doesn't Protect Women Against Discrimination
Supreme Court Justice Antonin Scalia
Supreme Court Justice Antonin Scalia said in an interview released this week that the 14th Amendment to the Constitution doesn't protect against discrimination based on gender or sexual orientation.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Antonin Scalia, Constitution
Antonin Scalia
Supreme Court: Scalia Will Teach Bachmann's Conservative Caucus Seminar
A spokesman for the Supreme Court has confirmed that Justice Antonin Scalia will be teaching the kick-off class for Rep. Michele Bachmann's Constitutional Conservative Caucus.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Antonin Scalia, Constitutional Conservative Caucus, Michele Bachmann
David Barton
Bachmann: Scalia Will Teach Constitution Class For New Conservative Caucus
Rep. Michele Bachmann (R-MN)
Rep. Michele Bachmann is planning a series of seminars so that her new conservative caucus can get a weekly refresher on the Constitution -- and she says that she has already enlisted Supreme Court Justice Antonin Scalia as the first speaker.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Antonin Scalia, David Barton, Michele Bachmann, Tea Party Caucus
