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Archive of Articles in the "The Supreme Court" Category

Are Political Lies Constitutional?

[ Posted Wednesday, April 16th, 2014 – 16:11 UTC ]

Are political lies constitutionally-protected free speech? That's an intriguing question, and one that the Supreme Court is going to take up next week. What makes the question interesting is how a valid argument could be made either way, no matter what your personal politics. Both sides resent well-funded politicians who blanket the airwaves with what they see as the baldest of falsehoods, but on the other hand political free speech is an absolute bedrock of the American system of government. Where do you draw the line? Should a line even be drawn?

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Democrats Should Widen Focus On Voter Suppression

[ Posted Monday, April 14th, 2014 – 16:17 UTC ]

What with the ceremonies at the L.B.J. presidential library last week to commemorate the Civil Rights Act of 1964 becoming law, the subject of current-day voter suppression was brought up by several Democrats, including President Obama. While it was important to spotlight Republican efforts to move backwards on expanding voting rights in the speeches, what was noticeable on the weekend political talk shows was how adept Republicans are at centering their entire argument around voter identification laws. Democrats presenting their own case seemed willing to go along with this, for the most part.

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Medical Marijuana On Bones

[ Posted Tuesday, April 8th, 2014 – 16:10 UTC ]

I say all this as a preface to commenting on a television program I watched (well, most of it) last night. Needless to say, commenting on pop culture isn't my strong point, and is in fact a rare occurrence in these pages. But I was so struck by what I saw that I felt it merited mentioning.

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Friday Talking Points [298] -- "And Counting"

[ Posted Friday, April 4th, 2014 – 17:04 UTC ]

Today we're turning over the whole talking points section to the president, because he certainly deserves a victory lap after announcing this week that -- against all odds, and against all the slings and arrows of misfortune -- 7.1 million people signed up for health insurance on the Obamacare exchanges.

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Obama Poll Watch -- March, 2014

[ Posted Wednesday, April 2nd, 2014 – 16:44 UTC ]

President Obama's job approval polling was down a bit last month, ending three months of positive news. He didn't slip back much, but the reversal does bring up a serious question: is Obama stuck in a "new normal" of job approval numbers in the low-40s range? We'll take a look at possible answers to this in a moment, but first let's take a look at the new monthly chart.

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Friday Talking Points [297] -- Democrats Unveil 2014 Strategy

[ Posted Friday, March 28th, 2014 – 17:46 UTC ]

The Supreme Court heard arguments in two cases where corporations are requiring certain women to wear a scarlet "A" on their uniforms... um, no wait... that can't be right... let me check my notes....

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The Next Big Fight, If Hobby Lobby Wins

[ Posted Thursday, March 27th, 2014 – 17:17 UTC ]

My reaction was a different one, perhaps because I focused on not the absolute bottom of these slippery slopes, but instead on the next legal challenge likely to pop up if Hobby Lobby wins their case. I'm actually surprised that nobody else seems to have even noticed this, and that the announcement caused absolutely no reaction whatsoever in the world of political commentary. But just over a week ago, a blog posting at the Health and Human Services Department (who sets the rules under the Patient Protection and Affordable Care Act) stated that they will be requiring all insurance companies who offer coverage in their policies to the spouses of employees to now offer the same coverage to both heterosexual and homosexual married couples -- equally and without discrimination. Here's the key paragraph:

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Interview With Betty Medsger, Author Of The Burglary

[ Posted Wednesday, March 26th, 2014 – 17:14 UTC ]

Earlier this week, I wrote an extensive book review of former Washington Post reporter Betty Medsger's The Burglary (2014, Alfred A. Knopf). This book chronicles a break-in at the Media, Pennsylvania, branch office of the Federal Bureau of Investigation in 1971, and the subsequent release to the public of files proving the F.B.I. was spending something like 40 percent of its time spying on and harassing political groups and individuals that J. Edgar Hoover didn't approve of. The burglars, who operated under the name "Citizens' Commission to Investigate the F.B.I.," were never caught, despite a five-year F.B.I. manhunt involving more than 200 agents. None of the burglars had ever even been publicly identified before Medsger's book was published.

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Before Snowden, Before WikiLeaks, Before The Church Committee, Before Deep Throat, Before The Pentagon Papers... There Was The Burglary [Part 2]

[ Posted Monday, March 24th, 2014 – 20:34 UTC ]

The Media files were made public in large part due to a few journalists (and a few brave editors) at the Washington Post who received them and reported on them. Attorney General John Mitchell personally called up the editors at the Post in a last-minute attempt to quash the story multiple times the day they arrived, but in the end the decision was made to go ahead and publish. Incredibly, at this time Mitchell didn't even know what was in the burgled files, and even though it was two weeks after the burglary, he had apparently just become aware of it. The event explored new territory in both journalism and in the legal world, because it was the first time secret documents had ever been provided to news organizations after having been stolen from the government. There simply were no precedents to follow.

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Before Snowden, Before WikiLeaks, Before The Church Committee, Before Deep Throat, Before The Pentagon Papers... There Was The Burglary [Part 1]

[ Posted Monday, March 24th, 2014 – 20:32 UTC ]

Forty-three years ago this month, an obscure branch office of the Federal Bureau of Investigations located in a Philadelphia suburb was burgled. All their files were stolen (being 1971, these files were all on paper) and whisked away to a secret hideout, then they were sorted and sent to the media. This criminal act set in motion the idea that our government should no longer operate in secret without any supervision. It was followed by the leak of the government's Vietnam War plans, a congressional investigation (the first ever of its kind) into the F.B.I. and the C.I.A., the resignation of a president brought about in no small part by leaks to the media, and eventually the modern-day document dumps of Julian Assange and Edward Snowden. But while the Pentagon Papers, Watergate, and the Church Committee are at least somewhat well-known these days, few people (even few followers of politics, recent history, or the debates on the modern security state) recognize "the Media break-in" as where it all started.

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