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SCOTUS rules on FCC case, still no health care decision

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The highly anticipated decision by the United States Supreme Court on health care will come another day. The justices released four opinions Thursday, which did not include the challenges to the health care law. They did decide the case before them involving the Federal Communications Commission.

The justices were asked to rule on whether the FCC’s standards for indecency on television are too vague to be constitutional. The justices sidestepped the constitutionality issue by deciding the case under the Due Process Clause. They also did not reconsider their decision in FCC. v. Pacifica Foundation, 438 U.S. 726.

The FCC opinion was the last one issued Thursday morning by the SCOTUS. In Federal Communications Commission, et al. v. Fox Television Stations Inc., et al., 10-1293, the majority held that because the Federal Communications Commission didn’t give Fox or ABC fair notice before the broadcasts in question that fleeting expletives and momentary nudity could be found actionably indecent, the FCC’s standards as applied to these broadcasts were vague.

Justice Anthony Kennedy delivered the opinion of the court to which all justices but Justices Ruth Bader Ginsburg and Sonia Sotomayor joined. Ginsburg filed a concurring opinion and Sotomayor didn’t take part in the consideration or decision of the case.

The high court handed down three other decisions Thursday.

In a 6-3 decision authored by Sotomayor, Southern Union Co. v. United States, 11-94, the majority held that the rule of Apprendi v. New Jersey applies to the imposition of criminal fines. The Constitution requires that a jury, instead of a judge, must find beyond a reasonable doubt any fact that leads to a higher fine for a criminal defendant. The case came to the court from the 1st Circuit Court of Appeals.

Chief Justice John Roberts and Justices Atonin Scalia, Clarence Thomas, Elena Kagan and Ginsburg joined Sotomayor’s opinion. Justice Stephen Breyer dissented, to which Kennedy and Samuel Alito joined.

In a 7-2 decision authored by Alito, the SCOTUS in Knox, et al. v. Service Employees International Union, Local 1000, 10-1121, reversed the 9th Circuit. The high court ruled that under the First Amendment, when a union imposes a special assessment or dues increase to meet expenses that were not disclosed when the regular assessment was set, the union must provide a new notice and may not exact any funds from nonmembers without their affirmative consent.

Roberts, Scalia, Kennedy and Thomas joined Alito’s opinion. Sotomayor filed a concurring opinion, in which Ginsburg joined. Breyer dissented, in which Kagan joined.

The justices issued their consolidated decision in Dorsey v. United States, 11-5683, and Hill v. United States, 11-5271, both from the 7th Circuit Court of Appeals. The 5-4 ruling holds that the Fair Sentencing Act’s new, lower mandatory minimums apply to the post-act sentencing of pre-act crack cocaine offenders. Breyer authored the opinion in which Kennedy, Ginsburg, Sotomayor and Kagan joined. Scalia filed a dissent, to which Roberts, Thomas and Alito joined. 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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