There will be no ruling on the Affordable Care Act today, per the fine folks at SCOTUSBlog. However, three other consequential rulings did get announced.
First, there’s the case of American Tradition Partnership v. Bullock. This was the Montana attempt to effectively overturn Citizens United and re-establish limits on corporate participation in political campaigns. The Montana Supreme Court ruled to uphold a state law that corporations “may not make… an expenditure in connection with a candidate or a political committee that supports or opposes a candidate or a political party.” That contradicts Citizens United, and the state Supreme Court teed that up to challenge the new campaign finance law. But in a short ruling, the Supremes determined that the Montana ruling was covered under Citizens United, and therefore the ruling must be reversed. In a dissent, Justice Stephen Breyer said that he didn’t agree with the Citizens United ruling and would like to see the Montana ruling get a hearing, but that there was no realistic way that this Court would vote to overturn a ruling they established just two years earlier. So, Breyer concludes, “Given the Court’s per curiam disposition, I do not see a significant possibility of reconsideration. Consequently, I vote instead to deny the petition.”
The other two cases decided today should actually cheer liberals a bit. First, in Miller v. Alabama (folded in with Jackson v. Hobbs), the Court determined that juveniles sentenced to life imprisonment without parole violates the 8th Amendment bar on cruel and unusual punishment. The case involved two 14 year-olds sentenced in that fashion for various felonies. This is a significant criminal justice victory that makes the US system just a little less punitive. Justice Kagan wrote the 5-4 ruling, with several dissents from the more conservative justices. She wrote that the Eighth Amendment “guarantees individuals the right not to be subjected to excessive sanctions.” Justices Roberts, Thomas and Alito dissented, and with Scalia in opposition as well, that means that this kind of sentence, life without parole, for juvenile offenders, is really holding by a thread.
UPDATE: Just to clarify, the Court ruled that mandatory life-without-parole sentencing for juvenile offenders was unconstitutional. So theoretically you could see a juvenile sentenced to life without parole after this ruling. It is nonetheless important. As Bryan Stevenson, the counsel of record in the case, said today in a statement: “This is an important win for children. The Court took a significant step forward by recognizing the fundamental unfairness of mandatory death-in-prison sentences that don’t allow sentencers to consider the unique status of children and their potential for change. The Court has recognized that children need additional attention and protection in the criminal justice system.”
Finally, we have the ruling on Arizona’s SB1070. The case here turned on whether federal immigration law pre-empted the parts of the Arizona law that essentially took over the process. And in an opinion by Justice Kennedy, the Court ruled, essentially, that federal law does pre-empt, in most cases. Sections 3, 5, and 6 of the law were thrown out entirely. That means these parts of the law are now moot:
Section 3 makes failure to comply with federal alien-registration requirements a state misdemeanor; §5(C) makes it a misdemeanor for an unauthorized alien to seek or engage in work in the State; §6 authorizes state and local officers to arrest without a warrant a person “the officer has probable cause to believe… has committed any public offense that makes the person removable from the United States.”
One of the only major parts of the law that was not pre-empted was section 2(B), the “check your papers” provision, which mandates (MANDATES???) police to check the legal status of anyone arrested for any crime before they can be released. However, the Court issued guidance on how they can implement that provision without being invalidated at a later time for pre-empting federal law. And the Court ruled that the “show your papers” provision would have significant constraints on it. Basically, Arizona would have to stay well within the lines of federal law to keep this measure in place. As Kennedy writes, “This opinion does not foreclose other preemption and constitutional challenges to the law as interpreted and applied after it goes into effect.”
The ruling was actually 5-3. Justice Kagan recused, because she participated in the case while serving as Solicitor General. Chief Justice Roberts and Kennedy joined Breyer, Ginsburg and Sotomayor in the case. Antonin Scalia, in a dissent read from the bench, said he would have upheld the entire law, and brought up the recent ruling by President Obama to defer action on the deportation of DREAM-eligible students, which had nothing to do with the case.
This is largely a win for the Obama Administration. Most of the law is pre-empted, and the part that remains largely fits in place with Secure Communities, the information-sharing program between local law enforcement and federal immigration officials. Plus, the Court reserves the right for future challenges to Section 2(B) after implementation.
There will only be one other announcement of ruling this term, on Thursday. So that’s when we’ll learn the fate of the Affordable Care Act.





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I think the Montana election law case may make it easier to overturn Citizens United should Obama alter the current 5-4 radical right majority. That would take only one appointment.
It would be esier to find a liberal state to enact a Montana-like campaign finance statute and then have law that challenged all the way up to the Supreme Court. Recalling the decade or two it took to enact McCain-Feingold, we would have to wait forever for Congress to act in a way that would set the stage for challenge.
Oh boy, how comforting to liberals–as long as you’re not a Latino in Arizona and now lots of other states to come. People have the right to sue to this most solicitous of anti-racist Supreme Courts to have them reverse the racist “reasonable suspicions” of Joe Arpaio and Jan Brewer. Please. Helen Suzman used to use these constitutional/bullshit arguments to argue against the liberation struggle in South Africa. She was Ronald Reagan’s favorite comforted liberal.
The curse of Dred Dcott? Never mind historical analogies, just a little to close to truth?
This is called protect the slave-owners. “I do not see a significant possibility of reconsideration.” Scott’s case was dismissed to protect the institution of slavery as the corrupt SJC, protected tradition aka prejudice? “All men are created equal….” Sure? Seems the SJC is going in the exact opposite direction, to the proposed 11th amendment by Jefferson and Madison, which would have rendered corporations subordinate to men, instead of man in servitude to corporate slime, enabled by Congress and the SJC. Wake up America you have been raped and the rape has been enabled, just as Sandusky’s rape of innocents was enabled for years, by silence.
Seems the SJC and Congress have a long rancid history of protecting scum buggery under the color of law. Let US just begin to count the ways, going backwards……
Women paid less than men for the same work? What if the woman does “it” better than her male counterpart? Still pay her less? Protect corporate profit and tradition as slavery was protected at the expense of life and liberty! Bring on that 11th Amendment as proposed by two founders and to hell with corporate scumbags. After all the American Revolution was against corporate aristocrats, who had a King, a King’s Army and Parliament in their pockets via the undue influence of money, to do their bidding. Sound familiar America?
Along with setting up phony front groups to mislead and further divide and push people to vote against their own best interests. See Prime Group, same address as PFIR busily marketing teevee ads on immigration.
Thank you, David, for the news.
I’m also looking forward to the decisions yet to come.
Here’s part of the Center for Constitutional Rights’ statement on the Arizona ruling. Bear in mind the “show me your papers” ruling was decided _unanimously_ So comforting that the former ACLU leader Ruth Bader Ginsburg and the former PRLDEF supporter Sonia Sotomayor are now in the states rights camp.
“But we are extremely disappointed that the Court has endorsed Arizona’s damaging policy of requiring police to stop and interrogate anyone they suspect to be present unlawfully. In upholding Section 2(B) of SB 1070, the Supreme Court has legitimized reactionary state law ordinances that encourage widespread racial profiling, multiply wrongful arrests, and spread fear in communities of color. Today’s decision allows individual states to create a patchwork system of immigration enforcement and in effect undoes decades of precedent holding that regulation of immigration is an exclusively federal function. The Supreme Court has sent the disheartening message that it is willing to turn back the clock to a “states’ rights” era in which the federal courts have no role in protecting the civil rights of people of color.”
Like this………
http://en.wikipedia.org/wiki/Tobacco_Institute
Corporations spending all sorts of money setting up tax exempt not for profit corporations (Tobacco Institute) to perpetuate lies and misinformation so that half a million Americans die premature, addicted to products as addictive as heroin, while the tobacco industry made money hand over fist, predicated on instilled addictions? Yup, like voting against one’s own self-interest, to only die young, like all them Marlboro Men. Then the corp writes it off as a legitimate business expense or tax a deductible contribution, made to a tax exempt trade organization like the US Chamber of Commerce? What a way to ensure a business model’s success? Addiction and premature death? How utterly pathetic. Would you walk a mile for a camel cancer stick? I doubt it! Let that sunshine in and disinfect America of corporate MRSA?
http://en.wikipedia.org/wiki/Mrsa
Representative Democracy doesn’t work in it’s current form. Unfair SCOTUS rulings should be disregarded. These R ‘justices’ are pathetic thugs and deserve no respect at all.
Pass the original 11th Amendment proposed by Madison and Jefferson in the initial “Bill of Right.” Pay no attention to the bullshit of corporate FASCISTS, seeking to impose their monopolies in commerce and trade upon Americans, under the color of law, thereby protecting profits and business models which no longer provide Americans with value for the money we spend relative to the decreased money earned by Americans in a gamed system purchased with the dollars extracted from US. Let the corporation well represented, buy law from congress and enslave America, just as the slave owner bought law to protect slavery? This is what Jefferson and Madison feared. They are correct and the SJC is wrong, dead wrong as they where in Dred Scott!
Got that right Jim!!!! Took a civil war to emancipate human beings from those that challenged, “All men are created equal…” while unequal protection under the color of law was protected by Justice Roger B. Taney’s Court, sowing the seeds of civil war, to protect a business model predicated on prejudice, ignorance and racism, under the guise of state’s right. The bottom line was property owners did not want to pay people for work. So the court declared Mr. Scott property. How convenient? A human being considered property for purposes of law, due to skin color? Taney, hope you are rotting in hell forever, to be joined in the future by current members of this compromised, pro
slaveownercorporate court pulling an American Deja-Vu. America, in dire need a history lesson?Kennedy isn’t going anywhere anytime soon. We are stuck with Thomas and Scalia for 20 more years easily. And Alito and Roberts for 30.
Impeach the bastards, that’s what impeachment is for.
Even if not successful it ties up their hands and puts them on the defensive.
Scalia and Kennedy are both 76 yo. Thomas mid-60s the rest early 60s.
Just curious, but do you have a link for, or can you cut-and-paste, the exact text of that original proposed 11th Amendment. Would love to see how they laid out the wording.