1. New York Times Supreme Court Correspondent Adam Liptak joins Fresh Air to talk about the recent ‘Hobby Lobby’ case, its larger implications, and some of the other major decisions the court handed down this term: 

"This is really a tale of two courts. If you focus on the decisions we’ve mostly talked about, they’ve mostly been quite divided and along predictable lines. If you step back and look at the whole landscape, about two-thirds of the decisions were unanimous. As we’ve discussed, some of that unanimity is fake because the rationales are so different—but not all of it. This really was a term in which the court came together in ways we haven’t seen in the nine years that [Justice] John Roberts has been in charge."
View in High-Res

    New York Times Supreme Court Correspondent Adam Liptak joins Fresh Air to talk about the recent ‘Hobby Lobby’ case, its larger implications, and some of the other major decisions the court handed down this term: 

    "This is really a tale of two courts. If you focus on the decisions we’ve mostly talked about, they’ve mostly been quite divided and along predictable lines. If you step back and look at the whole landscape, about two-thirds of the decisions were unanimous. As we’ve discussed, some of that unanimity is fake because the rationales are so different—but not all of it. This really was a term in which the court came together in ways we haven’t seen in the nine years that [Justice] John Roberts has been in charge."

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    SCOTUS

    hobby lobby

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    interview

    fresh air

  1. Supreme Court correspondent Adam Liptak tells Terry Gross about why Justice Clarence Thomas wrote the opinion for the Myriad Genetics BRCA gene (aka “the breast cancer gene”) patenting case:

Justice Thomas, because he’s so idiosyncratic, very seldom gets assigned a major case, and that may be the biggest case he ever wrote and it was possible for him to write it because it was on an area where his views on originalism and so on didn’t really come into play and he could write for a majority. And there’s a funny little concurrence from Justice Alito saying, ‘Sounds right to me, but I don’t really understand the science, so I’m telling you the general result sounds correct, but the science may be off.

Image via NPR View in High-Res

    Supreme Court correspondent Adam Liptak tells Terry Gross about why Justice Clarence Thomas wrote the opinion for the Myriad Genetics BRCA gene (aka “the breast cancer gene”) patenting case:

    Justice Thomas, because he’s so idiosyncratic, very seldom gets assigned a major case, and that may be the biggest case he ever wrote and it was possible for him to write it because it was on an area where his views on originalism and so on didn’t really come into play and he could write for a majority. And there’s a funny little concurrence from Justice Alito saying, ‘Sounds right to me, but I don’t really understand the science, so I’m telling you the general result sounds correct, but the science may be off.

    Image via NPR

  2. Fresh Air

    Interviews

    Adam Liptak

    Clarence Thomas

    Supreme Court

    Myriad Genetics

    BRCA

    genetic patenting

  1. New York Times Supreme Court correspondent Adam Liptak tells Terry Gross about the language in the DOMA opinion and how it might influence the future of gay issues in the courts:

So this decision delivers benefits to people married in the 13 states that now allow same sex marriage. It doesn’t do anything in the other states, but it has language in it that really resonates. It says, ‘Discriminating against gay couples that want to marry demeans them and humiliates their children,’ and that’s a punch in the gut. That’s language that Justice Kennedy wrote from the heart and it’s in keeping with a trend in public opinion. So I can certainly imagine in more liberal states judges adopting just that language to strike down bans on same sex marriage.

Image via The Christian Science Monitor View in High-Res

    New York Times Supreme Court correspondent Adam Liptak tells Terry Gross about the language in the DOMA opinion and how it might influence the future of gay issues in the courts:

    So this decision delivers benefits to people married in the 13 states that now allow same sex marriage. It doesn’t do anything in the other states, but it has language in it that really resonates. It says, ‘Discriminating against gay couples that want to marry demeans them and humiliates their children,’ and that’s a punch in the gut. That’s language that Justice Kennedy wrote from the heart and it’s in keeping with a trend in public opinion. So I can certainly imagine in more liberal states judges adopting just that language to strike down bans on same sex marriage.

    Image via The Christian Science Monitor

  2. Fresh Air

    Interviews

    Adam Liptak

    Supreme Court

    DOMA

  1. Adam Liptak, the Supreme Court correspondent for The New York Times, tells Terry Gross about the Court’s pro-business identity

This court is the most pro-business court since at least the Second World War, and it routinely votes in favor of business in cases on arbitration, class actions, employment discrimination, injuries from dangerous drugs. The business community, the Chamber of Commerce, loves this court. If you look at all of the justices that have served in that period of time since the Second World War, the two most likely to vote in favor of business are the two justices appointed by President George W. Bush: Justice Alito and Chief Justice Roberts.
View in High-Res

    Adam Liptak, the Supreme Court correspondent for The New York Times, tells Terry Gross about the Court’s pro-business identity

    This court is the most pro-business court since at least the Second World War, and it routinely votes in favor of business in cases on arbitration, class actions, employment discrimination, injuries from dangerous drugs. The business community, the Chamber of Commerce, loves this court. If you look at all of the justices that have served in that period of time since the Second World War, the two most likely to vote in favor of business are the two justices appointed by President George W. Bush: Justice Alito and Chief Justice Roberts.

  2. Supreme Court

    Interviews

    Fresh Air

    Adam Liptak

  1. Posted on 2 July, 2012

    46 notes | Permalink

    Reblogged from lookhigh

    lookhigh:

The Supreme Court, under construction

On Monday’s Fresh Air, Adam Liptak, Supreme Court reporter for The New York Times, provides a roundup of the past year’s most important Supreme Court decisions — including ones addressing healthcare reform, immigration law, campaign finance rules, the access of Guantanamo detainees to the courts, and the rights of criminal defendants while plea bargaining. View in High-Res

    lookhigh:

    The Supreme Court, under construction

    On Monday’s Fresh Air, Adam Liptak, Supreme Court reporter for The New York Times, provides a roundup of the past year’s most important Supreme Court decisions — including ones addressing healthcare reform, immigration law, campaign finance rules, the access of Guantanamo detainees to the courts, and the rights of criminal defendants while plea bargaining.

  2. supreme court

    adam liptak

  1. I do think John Roberts takes himself very seriously and he should, as the custodian of the prestige and legitimacy of the branch of government that he heads. How much that entered his calculations in [the healthcare case], only he knows. But it’s a perfectly appropriate consideration to make sure your branch, which is meant to be disinterested and apolitical and judicial, should not be perceived as yet a third political branch of government. And in the wake of ideological 5-4 decisions like Bush v. Gore and Citizens United, the Court has let itself open to that interpretation and had it struck down the healthcare law 5-4 along ideological lines, there would have been some substantial attack on the credibility of the Court.

    — Adam Liptak on Chief Justice Robert’s legacy

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    adam liptak

    supreme court

  1. I knew it was a confusing decision because my phone started ringing and lawyers for both sides were completely convinced that they had won the case. … the court’s decision was ambiguous enough that you couldn’t even tell which side had won.

    — New York Times reporter Adam Liptak on the ambiguous and vague decision handed down by the Supreme Court in March 2010 on mutual-fund advisers’ fees. The decision was unanimous but vague enough that both sides declared victory.

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    supreme court

  1. New York Times Supreme Court correspondent Adam Liptak on the conservative nature of John Roberts’ Court:  “The Burger court and the Rehnquist court, which  sat for about 35 years, fairly consistently were ruling in a  conservative direction about 55 percent of the time. That was a very,  very sharp turn to the right from the Warren court, the famously liberal  court that preceded it, which was at 34 percent [conservative]. And the  Roberts court, which has now finished five years, now moves an  additional increment to the right. It’s now at 58 percent — I stress,  not a huge move, but a discernable move in a period where there was  nothing like this. And the term that ended last year, the court is at 65  percent conservative. So you do see by these measurements, the court is  noticeably more conservative than even the conservative courts that  preceded it.” View in High-Res

    New York Times Supreme Court correspondent Adam Liptak on the conservative nature of John Roberts’ Court: “The Burger court and the Rehnquist court, which sat for about 35 years, fairly consistently were ruling in a conservative direction about 55 percent of the time. That was a very, very sharp turn to the right from the Warren court, the famously liberal court that preceded it, which was at 34 percent [conservative]. And the Roberts court, which has now finished five years, now moves an additional increment to the right. It’s now at 58 percent — I stress, not a huge move, but a discernable move in a period where there was nothing like this. And the term that ended last year, the court is at 65 percent conservative. So you do see by these measurements, the court is noticeably more conservative than even the conservative courts that preceded it.”

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    adam liptak

    new york times

    npr

    fresh air

    john roberts

  1. Tomorrow: We talk about the Roberts court with New York Times Supreme Court correspondent Adam Liptak. He’s recently written about how the Roberts court has become the most conservative one in living memory, and that several of the court’s written decisions have been unusually long, but lacking in clarity. View in High-Res

    Tomorrow: We talk about the Roberts court with New York Times Supreme Court correspondent Adam Liptak. He’s recently written about how the Roberts court has become the most conservative one in living memory, and that several of the court’s written decisions have been unusually long, but lacking in clarity.

  2. supreme court

    adam liptak

    john roberts