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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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