This morning President Obama threw a straight pitch directly into the strike zone when he nominated Judge Merrick Garland to the United States Supreme Court to fill the vacancy left by Justice Antonin Scalia. Garland, currently the chief judge for the United States Court of Appeals for the District of Columbia, was confirmed to that court in 1997 with bipartisan Congressional support and has been well regarded by both Democrats and Republicans.
In an effort to understand the longest-serving Justice’s influence and the importance of his replacement, here is a brief survey of how Scalia decided in several key cases.
By Jason Hines – Today the Supreme Court ruled in a 5-4 decision that Hobby Lobby and other closely held corporations can refuse to cover certain forms of contraception in the insurance plans they provide to employees because of their “religious beliefs.” Now I put religious beliefs in quotes because despite the Court’s decision, I refuse to admit that corporations, created in order to separate themselves from the people who create them, can have religious beliefs.
By Robert J. Ray – Realistically, can a government allow every employer to customize the rules without descending into administrative chaos? Justice Antonin Scalia argued in Oregon v. Smith that one’s religious beliefs don’t negate the need to comply with valid laws.
On the other hand, freedom of religion is a crucial principle that must be defended. But how far?
By Jason Hines – Today was a landmark day for the Supreme Court, as it heard arguments on the constitutionality of Proposition 8. I have written about this case at every level (on the state level and at the 9th Cir.) so it only seems right that I talk about the arguments that took place earlier today. However, it doesn’t make sense to give a straight up and down summary or even a major analysis (there are plenty of people who did a good job of that, including this article by Adam Serwer), but there are some things that I want to highlight. Some will be important, some won’t, but these are the things that came to mind as I listened to the oral arguments –