Lake Erie Conservative

thoughtful discussion(s) about issue(s)

… SCOTUS was busy This Day …

Posted by paulfromwloh on Saturday,June 28th,2014

.. 2 more rulings , 2 more to go ..

.. they also spread out the workload , though , so …

Noel Canning (recess appointments)—Breyer opinion : Obama’s recess appointments unlawful. Narrow ruling : There was no recess . Scalia (joined by Chief, Thomas, Alito) concurred in judgment , on much broader grounds.

Breyer: (1) Recess-appointment authority can be exercised during any recess, intrasession or intersession. (2) Senate is in session when it says it is and is able to transact business. Three days is too short to count as a recess.

Scalia concurrence in judgment: Recess-appointment authority can be exercised only during intersession recesses and only with respect to offices that become vacant during recess.

McCullen (First Amendment challenge to a Massachusetts statute that creates a no-speech zone within 35 feet of an abortion clinic)—Opinion by Chief strikes down statute. Victory for pro-life protesters, but how broad? Court unanimous on result. Separate opinions concurring in judgment by Scalia (with Kennedy and Thomas) and Alito.

.. That is it for now . Last ones of the term [Harris v Quinn , Hobby Lobby] are due on Monday [June 30th] …

.. Unions are not thrilled , especially the public – sector ones …. Public
sector unions have their worst nightmare: Alito is the probable author of forthcoming opinion in Harris v. Quinn . Ouch !

.. the Boss [Roberts] is the likely author of Hobby Lobby . Decent odds for Hobby Lobby , maybe better …

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