2011-2012 Supreme Court Term: Oral Argument in Fox v. F.C.C.

I described the First Amendment issues that are at stake in this case in yesterday's post. Today's post summarizes what occurred during the government's presentation at oral argument in FCC v. Fox on January 10, 2012. The transcript of oral argument is available here.

2011-2012 Supreme Court Term: FCC v. Fox Television Stations, No., 10-1293 (Vagueness, Freedom of Expression)

The last time this case came before the Supreme Court in 2009 it was for “fleeting expletives” uttered by Cher at the 2002 Billboard Music Awards broadcast by Fox and by Nicole Richie and Paris Hilton at the same event in 2003.  The Supreme Court decided that case not on constitutional grounds but rather under principles of administrative law.  This time the case comes before the Court because of a scene of nudity - a boy watching a woman entering the bath naked - and the constitutional issues are squarely before the Court.  ABC showed this scene on a program at 9:00 in the evening instead of waiting one more hour when it would have been allowed under F.C.C. guidelines.

Employers' "Right" Not to Pay for Birth Control Analyzed

Some conservative religious employers contend that it violates their constitutional rights to be required to provide birth control coverage for their employees. Here is another reason why that is not true.

Update on Judge Who Forwarded Racist Email

Roger Cebull, the Montana federal district court judge who forwarded a vile racist "joke" to his friends, has requested a review of his actions by the Ninth Circuit Court of Appeals and is planning to formally apologize to President Obama.

Anti-Contraception Bill Defeated in Senate, 51-48 - Implications for the Presidential Election

The United States Senate just voted to table the Blunt Amendment, 51-48.  What are the implications for the Presidential campaign?

2011-2012 Supreme Court Term: Decision in Kurns v. Railroad Friction Products Corp.: Statutory or Constitutional Stare Decisis?

Yesterday the Supreme Court issued a decision in Kurns v.  Railroad Friction Products Corp.  This is yet another judicial decision ruling that a piece of federal regulatory legislation should be interpreted to preempt state common law tort claims.  A disturbing element in this case is the willingness of the Court to give precedential effect to a case that was decided in 1926 at the height of the Court's opposition to progressive legislation protecting workers.

The Constitutional Right to Birth Control

Americans have a constitutional right to use birth control.  Under settled law the government does not have the power to interfere with this basic right.

Health Care Briefs: Reply Brief of Solicitor General Donald Verrilli on Anti-Injunction Act

Over the next couple of months I will be reviewing the briefs filed in the health care case pending before the Supreme Court of the United States.  Today's entry concerns a reply brief filed by Solicitor General Donald Verrilli regarding a jurisdictional issue arising under the federal Anti-Injunction Act.

2011-2012 Supreme Court Term: Oral Argument in MBZ v. Clinton

Like most of the cases this year, oral argument in this case featured a very active bench.  Justices vigorously questioned both attorneys; my impression is that they were much tougher on the attorney for the petitioner, and much less satisfied with his answers.  I think the President will win.  The question is whether he will win on jurisdictional grounds or on the merits.

Federal Judge Roger Cebull Should Resign for Racist E-Mail

Federal Judge Roger Cebull emailed a disgusting race joke to his friends and then issued a half-hearted apology. He should resign.