Right Thinking From The Left Coast
If everything seems under control, you're not going fast enough. - Mario Andretti

Tuesday, March 08, 2011

More From The Court

Remember, as you read this, that the Roberts Court is supposed to be this evil, oppressive, anti-liberty, pro-business cabal.  According to the Gray Lady, this Court is supposed to radically pro-business and the most conservative in decades.  That’s what they told us, especially after the Citizens United case had the temerity to suggest that the right to free speech does not cease when you form an organization.

Remember that.  Radical conservative court.  So what evil judgements are they inflicting on us?

Well, the dastardlyCourt that has now ... uh ... limited FOIA exemptions:

The Supreme Court on Monday rejected the government’s broad use of an exemption in the federal Freedom of Information Act to withhold documents from the public, ruling for a Washington state resident who wants Navy maps relating to its main West Coast ammunition dump.

The Feds wanted to extend FOIA exemptions for personnel rules to ... well, just about everything, as they tend to do with any exemptions cut out of regulations.  The Court went 8-1 in favor of the people—with the ultra-conservative Breyer in dissent.

OK, that must have been a one-off.  What about criminals?  Everyone knows that the conservative wing consists of a bunch of cranky fascists who want to lock up ... what was that?

The Supreme Court on Monday gave a Texas prisoner who was nearly executed last year the right to seek DNA evidence from the crime scene that he says could prove his innocence.

The 6-3 decision opens a narrow window for prisoners to sue for and obtain DNA evidence that went untested at the time of their trials.

In recent years, most states have enacted laws that allow prisoners to seek DNA testing of evidence that could prove crucial to their cases. The high court ruling is expected to add to the momentum for DNA testing and help prisoners in those states that have resisted new testing of old evidence.

I may have blogged about the Skinner case.  You would think that after the Cameron Todd Willingham debacle, the State of Texas would want to make damn sure they executed the guilty.  In any case, this ruling was 6-3—Thomas, Alito and Kennedy in dissent.  The evil Roberts and Scalia voted with the liberal wing.

Well, OK.  But we know these guys are in the pockets of Big Business.  That’s why they decided in favor of Citizens United.  Any business case that comes up is guaranteed to ... I’m sorry?

Those sneaky “corporatist” justices are at it again, cleverly disguising their biases by ruling in favor of employees and/or against corporations in two Supreme Court decisions issued today:

1. In Staub v. Proctor Hospital, the Court, reversing the Seventh Circuit, ruled unanimously that an employer could be held liable for employment discrimination based on the discriminatory animus of an employee who influenced, but did not make, the ultimate employment decision. Justice Scalia wrote the lead opinion.

2. In FCC v. AT&T, the Court, in a unanimous opinion by Chief Justice Roberts, ruled that corporations do not have “personal privacy” for purposes of a Freedom of Information Act exemption. The ruling reversed a Third Circuit decision.

In the third decision rendered today, Henderson v. Shinseki, the Court also ruled unanimously for the “little guy,” as it held, in an opinion by Justice Alito, that a 120-day deadline for a veteran to appeal an administrative denial of benefits did not amount to an absolute jurisdictional bar. The Court reversed a contrary ruling by the Federal Circuit.

That’s in addition to a ruling last week that upheld the right of employees to sue for retaliatory discrimination (in this case, firing a man because his fiance had filed an EEOC charge of sex discrimination).  That opinion was written by ... Scalia.

Don’t expect any of this to change the libs’ opinions—facts never do.  But this Court is turning out to be far less fascist and pro-business than their hysteria would have less us to believe.

Posted by Hal_10000 on 03/08/11 at 08:18 PM in Politics   Law, & Economics  • (0) TrackbacksPermalink
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