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."

  2. supreme court

    SCOTUS

    hobby lobby

    adam liptak

    interview

    fresh air

  1. In her new book Forcing the Spring, investigative reporter Jo Becker tells the behind-the-scenes story of an important chapter in the fight for marriage equality. She embedded with the team that challenged Proposition 8 — the 2008 anti-gay marriage California ballot initiative that called for amending the state constitution to say that the state would only recognize marriage between a man and a woman. 
The strategy of going to the Supreme Court was controversial within the gay community. If the courts weren’t ready for the litigation it could’ve caused a huge set-back, upholding bans like Proposition 8 for years to come: 

"The gay rights community had a strategy going in, they thought that they needed to have 30 states with some form of recognition — whether that be marriage, whether it be civil unions — but they wanted to have 30 states signed on before they went to the federal courts. What was really interesting to me is the echoes of the kind of similar debate that took place in the previous century over the civil rights fights that African Americans waged. There were people who thought, "You’re moving too fast! The courts aren’t ready!" back then."

photo via Huffington Post View in High-Res

    In her new book Forcing the Spring, investigative reporter Jo Becker tells the behind-the-scenes story of an important chapter in the fight for marriage equality. She embedded with the team that challenged Proposition 8 — the 2008 anti-gay marriage California ballot initiative that called for amending the state constitution to say that the state would only recognize marriage between a man and a woman. 

    The strategy of going to the Supreme Court was controversial within the gay community. If the courts weren’t ready for the litigation it could’ve caused a huge set-back, upholding bans like Proposition 8 for years to come: 

    "The gay rights community had a strategy going in, they thought that they needed to have 30 states with some form of recognition — whether that be marriage, whether it be civil unions — but they wanted to have 30 states signed on before they went to the federal courts. What was really interesting to me is the echoes of the kind of similar debate that took place in the previous century over the civil rights fights that African Americans waged. There were people who thought, "You’re moving too fast! The courts aren’t ready!" back then."

    photo via Huffington Post

  2. LGBT

    gay rights

    marriage equality

    proposition 8

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    jo becker

  1. Justice Sonia Sotomayor grew up in the Bronx and made her way to the Bench of the Supreme Court. She was in one of the first classes at Princeton to accept women and then went on to Yale Law. Her memoir, My Beloved World, is now out in paperback. She spoke to Terry Gross about how being Latina makes her work harder:

In every position that I’ve been in, there have been naysayers who don’t believe I’m qualified or who don’t believe I can do the work. And I feel a special responsibility to prove them wrong. I think I work harder than a lot of other people because of that sense of responsibility.
Does it mean that I think that I have an obligation to any particular group including Latinos? No. My job is my job and, particularly being a judge, I would be doing a disservice to the Latino community if I ruled on the basis of a preference for any group. … I have to rule as I do on the basis of the law … but I do feel that I have a special responsibility to work harder to prove myself because I am the first of a group that has been perceived as being incapable of doing whatever it is that I’ve had the benefit of becoming a part of.


image via The New Yorker View in High-Res

    Justice Sonia Sotomayor grew up in the Bronx and made her way to the Bench of the Supreme Court. She was in one of the first classes at Princeton to accept women and then went on to Yale Law. Her memoir, My Beloved World, is now out in paperback. She spoke to Terry Gross about how being Latina makes her work harder:

    In every position that I’ve been in, there have been naysayers who don’t believe I’m qualified or who don’t believe I can do the work. And I feel a special responsibility to prove them wrong. I think I work harder than a lot of other people because of that sense of responsibility.

    Does it mean that I think that I have an obligation to any particular group including Latinos? No. My job is my job and, particularly being a judge, I would be doing a disservice to the Latino community if I ruled on the basis of a preference for any group. … I have to rule as I do on the basis of the law … but I do feel that I have a special responsibility to work harder to prove myself because I am the first of a group that has been perceived as being incapable of doing whatever it is that I’ve had the benefit of becoming a part of.

    image via The New Yorker

  2. fresh air

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  1. MONDAY: We speak to Supreme Court Justice Sonia Sotomayor about her memoir, My Beloved World.


photo of Sonia Sotomayor on Sesame Street View in High-Res

    MONDAY: We speak to Supreme Court Justice Sonia Sotomayor about her memoir, My Beloved World.

    photo of Sonia Sotomayor on Sesame Street

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    supreme court

    fresh air

    interview

  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. Hendrick Hertzberg on the late Anthony Lewis:

Tony Lewis knew more about the Constitution and the laws, their history and meaning, than the vast majority of Supreme Court Justices, let alone lawyers. In 1956, James Reston, the Times’s legendary Washington bureau chief, had sent Lewis back to Cambridge for a year’s study at Harvard Law School on a Nieman fellowship. He learned well. Justice Felix Frankfurter would tell Reston that “there are not two Justices of this Court who have such a grasp of these cases.” And Lewis, unlike all but a few Justices, could write. He was occasionally cited in the Court’s opinions, but think of the ones he might have written himself!

We paid tribute to Lewis, covered the Supreme Court for the New York Times in the 1950s and ’60s, on the show today by listening back to an interview Terry did with him in 1991. He died yesterday.
Image of the Supreme Court by aabernathy

    Hendrick Hertzberg on the late Anthony Lewis:

    Tony Lewis knew more about the Constitution and the laws, their history and meaning, than the vast majority of Supreme Court Justices, let alone lawyers. In 1956, James Reston, the Timess legendary Washington bureau chief, had sent Lewis back to Cambridge for a year’s study at Harvard Law School on a Nieman fellowship. He learned well. Justice Felix Frankfurter would tell Reston that “there are not two Justices of this Court who have such a grasp of these cases.” And Lewis, unlike all but a few Justices, could write. He was occasionally cited in the Court’s opinions, but think of the ones he might have written himself!

    We paid tribute to Lewis, covered the Supreme Court for the New York Times in the 1950s and ’60s, on the show today by listening back to an interview Terry did with him in 1991. He died yesterday.

    Image of the Supreme Court by aabernathy

  2. Anthony Lewis

    Hendrick Hertzberg

    Supreme Court

    New York Times

    New Yorker

  1. 
"It used to be that what it meant to be a conservative on the Supreme Court was respect for precedent and slow-moving change. What’s so different about the Roberts’ Court is the way they are burning through many of the precedents they don’t like."

- Jeffrey Toobin on Chief Justice John Roberts and the Supreme Court View in High-Res

    "It used to be that what it meant to be a conservative on the Supreme Court was respect for precedent and slow-moving change. What’s so different about the Roberts’ Court is the way they are burning through many of the precedents they don’t like."

    - Jeffrey Toobin on Chief Justice John Roberts and the Supreme Court

  2. Jeffrey Toobin

    Supreme Court

    Justice Roberts

    Fresh Air

  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

  2. npr

    adam liptak

    supreme court

  1. NPR Live Blog: Supreme Court Upholds Health Care Law 
(via Supreme Court Upholds Health Care Law : The Two-Way : NPR)

    NPR Live Blog: Supreme Court Upholds Health Care Law

    (via Supreme Court Upholds Health Care Law : The Two-Way : NPR)

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    scotus

    aca

  1. Three months after historic arguments before the high court over the constitutionality of the administration’s sweeping health care law, we are about to find out if it will hold up. [full NPR coverage here]
(via Judging The Health Care Law : NPR)

    Three months after historic arguments before the high court over the constitutionality of the administration’s sweeping health care law, we are about to find out if it will hold up. [full NPR coverage here]

    (via Judging The Health Care Law : NPR)

  2. health care law

    npr

    supreme court

    scotus

  1. That’s the one tax deduction that judges have, if I can remember. If you buy new robes, that’s a business expense and can be deducted.

    — Justice Stevens on his robes. (Previously: Justice Breyer on Wait Wait, on his robes)

  2. supreme court

    scotus

    justice stevens

    justice breyer

  1. There’s been some change in my views about the death penalty, but I think there’s more of a change in the jurisprudence of the Court that made me eventually reach the conclusion that the death penalty, as it is presently administered, is unconstitutional.

    — Justice John Paul Stevens voted to uphold the death penalty in 1976. On today’s Fresh Air, he discusses his evolving viewpoints over his 35 years on the Supreme Court. 

  2. scotus

    john paul stevens

    supreme court