MADISON - Wisconsin's Supreme Court justices pledged Wednesday to work together in a collegial fashion, though some only reluctantly agreed to what was arguably the most toothless suggestion put forth by a chief justice hoping to repair the court's reputation as divided and dysfunctional. Several justices said the pledge wasn't necessary because they already work well together most of the time. But in the end, they all agreed to the proposal, which comes after a number of high- profile squabbles including a physical altercation this summer between two justices.
In a case that had the justices questioning just how far the expectation of privacy extends in a world of ever-evolving technologies, the U.S. Supreme Court considered Tuesday whether the police's use of a warrantless GPS tracking device on a suspect's car violated the Fourth Amendment. There is chance that the justices could rule broadly on the issue. For example, the Court could hold that the installation of the device did not even constitute a search, allowing the Court to skip the expectation-of-privacy analysis altogether. But at oral arguments, the justices seemed to go the opposite route, considering in detail the implications of a world where information from high- tech devices could be used by the government to track individuals' every move.
Three of the state Supreme Court's five justices said Thursday the court may not strike down the newly drawn state Senate and House of Delegates districts. The justices heard back-to-back oral arguments in separate cases challenging this year's legislative redistricting plans. The Legislature redraws the district boundaries every 10 years to accommodate population shifts documented by the national Census. The new plans are meant to take effect in the 2012 election.
During a lively debate about doctors' privacy rights, the justices of the U.S. Supreme Court seemed doubtful about the constitutionality of a Vermont law that gives doctors the right to refuse to provide prescription drug records to drug data collection companies. The case of Sorrell v. IMS Health involves a First Amendment challenge to a prescription confidentiality law that was adopted by the Vermont legislature in 2007. The law was directed toward the practice of pharmaceutical companies of purchasing prescription information from pharmacies and using it for drug marketing purposes.
Understanding the source of voting changes by appellate judges provides an important window into the factors that shape the votes of the judges more generally. We argue that membership changes, by altering the collegial context in which judges make their choices, affect the information environment, long-term collegial considerations, and short-term strategic calculations. As a result, membership change should lead to greater uncertainty and more frequent voting changes among continuing justices in the term following a replacement. We test this proposition by looking at vote change by justices of the U.S. Supreme Court in two separate analyses: justices' votes on search-and-seizure cases since Mapp v. Ohio (1961) and on the progeny of Miranda v. Arizona (1966). Our results support the ar...
Poll: 37% oppose gay marriage DES MOINES -- Gay marriage has been a hot-button issue in Iowa for years, but a new poll suggests many Iowans are either conflicted or aren't interested in the debate. A telephone poll of 800 Iowa adults commissioned by the Des Moines Register shows that 30 percent of those surveyed didn't have an opinion on gay marriage, 37 percent opposed gay marriage and 32 percent were in favor of it. The Iowa Supreme Court legalized gay marriage in 2009 in a unanimous ruling. Voters ousted three of the justices in November's elections after gay marriage opponents campaigned to have them removed from the high court in response to the ruling. Now, a resolution is pending in the Iowa Legislature that would put a gay marriage ban before voters. Of those who responded to...
State Supreme Court justices heard proposals Tuesday for a timeline for an election to pick a new governor, but gave little indication of what their decision will ultimately be. At times, various justices said that they were very hesitant to act as a "super-Legislature" by determining when - and under what circumstances - an election will be held, a duty that is assigned to the Legislature under the state constitution.
PORTLAND, Maine -- Justices with Maine's highest court offered few clues Tuesday on where they stand on the complicated legal and regulatory battle over Plum Creek's controversial rezoning proposal for nearly 1,000 houses and two resorts near Moosehead Lake. Attorneys on both sides were given roughly 15 minutes to argue key points in a case that deeply divided Mainers when it was before the Land Use Regulation Commission. At issue is whether Maine's Supreme Judicial Court will uphold a lower court ruling that would require LURC to reopen hearings on Plum Creek's application more than two years after the commission approved the nearly 400,000- acre rezoning petition.
Even before the start of their second year in office, commentators were already reading the tea leaves on Samuel A. Alito, Jr. and John G. Roberts, Jr. According to the prominent legal scholar Erwin Chemerinsky, the two new justices "were every bit as conservative as conservatives had hoped and progressives had feared. [Their] willingness to overrule decades-old precedents certainly gives a sense that major changes are likely ahead in constitutional law in the years to come.'" Chemerinsky was hardly alone; similar forecasts appeared on the editorial pages of newspapers as ideological disparate as the Wall Street Journal and the New York Times, as well as hundreds, if not thousands, of blogs across the country.
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