ILNews

SCOTUS rules on FCC case, still no health care decision

Back to TopCommentsE-mailPrintBookmark and Share

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. 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

ADVERTISEMENT