About 15 years ago, the St. Louis-based Monsanto corporation developed "Roundup Ready," genetically modified soybean seeds that are resistant to herbicides also produced by the company. In other words, Monsanto made herbicides to kill weeds, then made soy-bean plants that are resistant to the herbicide. Its competitor, Pioneer Seeds, a Des Moines company owned by DuPont and Company, licensed the Roundup Ready formula but also attempted to create genetically modified seeds that could compete with it. Pioneer developed a seed called "Optimum GAT" that combined the Roundup Ready trait with another trait. Mosanto sued DuPont for violating the licensing agreement and for patent infringement, while DuPont claimed that the patent should be considered unenforceable.
Dissenting in Gonzales v. Carhart, the 2007 case that upheld a federal ban on "partial birth" abortion, Justice Ruth Bader Ginsburg charged that the majority "refuses to take [Planned Parenthood v.] Casey ... seriously." This inclination, not surprisingly, has filtered down to the lower federal courts as well. Two recent cases conspicuously refuse to take a woman's reproductive rights seriously, and indeed one judge failed to apply Casey at all.
As established by the traditions of Chicago politics, aldermen can assert their privilege to deny permits to businesses who want to do business in their wards. This week, Alderman Joe Moreno said that that he would invoke that privilege to deny a permit to the fast-food chain Chick-fil-A, which is seeking to open a second franchise in the Windy City.
Adam Liptak and Allison Kopicki recently had an interesting analysis of public opinion on the Supreme Court. The public reaction to the health-care ruling, NFIB v. Sebelius, shows that the public is closely divided, with 46 percent supporting the decision.
Antonin Scalia was a guest on Piers Morgan's show last night, and he was relatively entertaining and at times even said things I agree with. For example, even in the wake of the Republican bait-and-switch on the DISCLOSE Act, Scalia held firm to his previously expressed view that it's permissible and desirable for people making large political donations to have these donations disclosed.
While the Supreme Court's decision to uphold most of the Affordable Care Act in NFIB v. Sebelius was generally good news, the decision did have one unfortunate side effect. The Court limited the use of federal spending power with respect to Medicaid, permitting Congress to withhold new grants but not existing Medicaid funds from states if they failed to adopt Obamacare. In other words, governors can reject new federal funds to implement the health-care law without losing the rest of their Medicaid money.
As Salon's Irin Carmon reports, a Republican appointed district-court judge has prevented a new statute that would force the only remaining abortion clinic in Mississippi to close. (The new law was necessary because, despite the best efforts of past Mississippi legislatures, one lone clinic in Jackson has managed to heroically persevere through a maze of state restrictions.) The stay is temporary, and the issue will presumably have to be resolved by a higher appellate court, possibly ending with the Supreme Court of the United States.
Jan Crawford has a blockbuster story in which two sources confirm what many people inferred from the structure of the opinions—that Chief Justice John Roberts initially voted to strike down at least some parts of the Affordable Care Act before switching his vote. The story reveals some interesting things about Roberts and the Supreme Court, although we should also be careful about taking all the claims at face value given that they clearly reflect the positions of justices and/or clerks with an ax to grind.
Three of the D.C. Court of Appeals’ judges delivered climate-regulation opponents what can only be termed a righteous smackdown last week. Their opinion on the Environmental Protection Agency’s work to regulate greenhouse gases is, as much as any legal opinion can be, a delight to read.
Two features of the scene in the courtroom at the Supreme Court Thursday flow together to spark curiosity. For one, the justices appeared unusually agitated. Justice Sonia Sotomayor looked as if she’d been up all night, for example, while (as Tony Mauro also noted) Justice Antonin Scalia was downcast and tight-lipped. Had something happened in the days or hours before the opinion to spark this emotional response?
Xavier Alvarez got twin pieces of good news Thursday. First, thanks to the Court’s decision in the Health Care Cases, Medicaid in California may soon be funded to supply mental-health services to crazed compulsive liars like him. Second, and of more immediate interest to him, he won’t be doing a year in the federal slam for falsely claiming to have won the Congressional Medal of Honor.
The verdict of the Supreme Court upholding nearly all of the Affordable Care Act is a victory to be savored in the full knowledge that it may be only temporary and includes potentially damaging changes in constitutional interpretation.
It is a victory, first of all, for the millions of people excluded from health insurance who stand to gain protection despite their medical history or low incomes.
It is a victory for the rule of law in the face of a group of partisan conservative justices who want to immobilize federal power in social policy.
It is a victory for the millions of people who have struggled for decades to achieve equal access to health care.
Given the very strong likelihood that the centerpiece legislation of the Obama administration would be struck down in its entirety, yesterday's decision upholding the Affordable Care Act seems to most progressives like both a relief and a major political victory. But was it actually a legal victory when you examine the opinions closely? Tom Scocca says no:
On the fourth day of the Battle of Gettysburg, General Richard S. (“Bald Dick”) Ewell, riding behind the lines, was hit in the leg by a Union sniper’s bullet. Unfazed, the one-legged general remarked, “It don't hurt a bit to be shot in a wooden leg.”
It may be that the federal government was shot in a wooden leg today. Overall, that’s true—the ACA survived, by one vote, a case that could have voided it in its entirety and wreaked havoc on federal power generally. But in particular, in the Court’s major new cutback on federal power—the limits on the use of Congress’s spending power to convince the states to sign on to an expanded Medicaid program—the federal government was wounded by being forbidden to do something it really never wanted to do.
John Roberts imagined himself as a consensus-builder after his confirmation to be the 17th chief justice of the Supreme Court, a justice in the mold of John Marshall charged with alleviating divisions on the Court by advocating judicial modesty. Some progressive observers took these claims very seriously. I was inclined to view them as essentially fraudulent.