Justice Thomas लेबल असलेली पोस्ट दाखवित आहे. सर्व पोस्ट्‍स दर्शवा
Justice Thomas लेबल असलेली पोस्ट दाखवित आहे. सर्व पोस्ट्‍स दर्शवा

२७ जून, २०२३

"The Elections Clause does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections."

The Court decides in Moore v. Harper, just issued.  

From the syllabus:

The Elections Clause does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections. Marbury v. Madison, 1 Cranch 137, famously proclaimed this Court’s authority to invalidate laws that violate the Federal Constitution. But Marbury did not invent the concept of judicial review. State courts had already begun to impose restraints on state legislatures, even before the Constitutional Convention, and the practice continued to mature during the founding era. James Madison extolled judicial review as one of the key virtues of a constitutional system, and the concept of judicial review was so entrenched by the time the Court decided Marbury that Chief Justice Marshall referred to it as one of society’s “fundamental principles.” Id., at 177.

The Elections Clause does not carve out an exception to that fundamental principle. When state legislatures prescribe the rules concerning federal elections, they remain subject to the ordinary exercise of state judicial review. Pp. 11–26.

That's the last opinion for today, per SCOTUSblog.

Chief Justice Roberts wrote the opinion, with Justice Thomas dissenting, joined in full by Justice Gorsuch and in part by Justice Alito.

१९ ऑक्टोबर, २०२२

"Justice Clarence Thomas let it be known from the bench—to ribbing from Justice Elena Kagan and laughter from the audience—that he was a Prince fan in the nineteen-eighties."

"Chief Justice John Roberts name-dropped the artists Piet Mondrian and Josef Albers. But the contrast between the case, in which Warhol is accused of changing too little of Goldsmith’s [photograph of Prince], and the Court itself, which is lately accused of changing far too much, created a tense sort of levity.... The Warhol Foundation wants the Court to stick closely to those words. It asserts that Goldsmith’s naturalistic black-and-white photo depicts Prince as 'fragile and vulnerable,' and seeks to 'humanize' him. By contrast, the Foundation argues, Warhol’s silkscreen process created 'a flat, impersonal, disembodied, mask-like appearance' that comments on the dehumanizing nature of celebrity. In other words, Goldsmith depicts Prince intimately but Warhol conveys an image of an icon.... The legal narrative... is an unwitting commentary on what happens when courts decide what things mean: a flattening of human reality and experience.... Alito mused that 'maybe it’s not so simple' to determine the meaning of a work—months after eliminating abortion rights.... The question hanging over this term is how the Court, which wants to appear as unoriginal as possible, will be affected by enacting so many transformations."

From "The Supreme Court’s Self-Conscious Take on Andy Warhol/In a copyright case, the Justices revealed their own anxieties about interpreting precedents" by Jeannie Suk Gersen (The New Yorker). 

Justice Thomas wasn't randomly showing off his pop culture savvy. He had a good question. 

From the transcript:

१४ ऑक्टोबर, २०२०

"Justices Scalia and Thomas disagreed often enough that my friend, Judge Melissa Parr, teaches a class called Scalia Versus Thomas..."/"Well, I’ll wait till the movie comes out."

From "Amy Coney Barrett Senate Confirmation Hearing Day 2 Transcript." 

Lindsey Graham made a joke. The class title — "Scalia Versus Thomas" — must have reminded him of all those movie titles — like "Godzilla vs. Rodan." 

Jokes are telling. Isn't it interesting that they're all gathered to grill Barrett on her judicial methods, the question on the floor is "People say that you’re a female Scalia. What would you say?," she's trying to explicate the details, and the pushback is something that translates to: Hey, keep it simple for us dummies and low-attention folk. You're getting into the weeds

Here's her full answer leading up to Graham's joke. It's not even long: