Monday, June 25, 2012

Where will you be this morning?

At the Heat Parade?

Or at ScotusBlog live blogging the Supreme Court opinions as they come out?

Should be a very exciting Monday morning.

If you are bored waiting for either, here's a good piece about Scalia's dissents.  Some highlights:

Morrison v. Olson (1988): The Court voted to uphold the Independent Counsel Act; Scalia was the only dissenter.
Frequently an issue of this sort will come before the Court clad, so to speak, in sheep’s clothing: the potential of the asserted principle to effect important change in the equilibrium of power is not immediately evident, and must be discerned by a careful and perceptive analysis. But this wolf comes as a wolf.

PGA Tour, Inc. v. Martin (2001): A lawsuit brought by the disabled golfer Casey Martin, who wanted to be allowed to ride in a golf cart between shots, something that the P.G.A. prohibited at the time. The Court ruled in Martin’s favor.
If one assumes, however, that the PGA TOUR has some legal obligation to play classic, Platonic golf—and if one assumes the correctness of all the other wrong turns the Court has made to get to this point—then we Justices must confront what is indeed an awesome responsibility. It has been rendered the solemn duty of the Supreme Court of the United States, laid upon it by Congress in pursuance of the Federal Government’s power “[t]o regulate Commerce with foreign Nations, and among the several States,” to decide What Is Golf. I am sure that the Framers of the Constitution, aware of the 1457 edict of King James II of Scotland prohibiting golf because it interfered with the practice of archery, fully expected that sooner or later the paths of golf and government, the law and the links, would once again cross, and that the judges of this august Court would some day have to wrestle with that age-old jurisprudential question, for which their years of study in the law have so well prepared them: Is someone riding around a golf course from shot to shot really a golfer? The answer, we learn, is yes. The Court ultimately concludes, and it will henceforth be the Law of the Land, that walking is not a “fundamental” aspect of golf.

And here's a picture of the police in front of the federal courthouse this morning:

 I feel much safer!


Anonymous said...

We will see this morning if the SCt turns its back on millions of poor people who will needlessly die if not provided healthcare.

Anonymous said...

The Supreme Court pulled out the Supremecy Clause and beat down the AZ legislature like LBJ did to OKC in Game 5, striking down the three most onerous sections of the AZ immigration law. What are you looking at Ala., you're next!

Rumpole said...

Sorry but it is well known that President Lyndon Johnson neither played nor liked basketball. There's only one LBJ and he was the 36th president of these United States.