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Administration keeps on losing in court

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  • Administration keeps on losing in court

    Ilya Shapiro: Why Obama Strikes Out in Court - WSJ.com

    The writer, Ilya Somin, makes the case for why. No, it's not because there are five conservative justices. They are losing a lot of cases by wide margins, even unanimously.

    Let's take these cases in order:

    First, in Hosanna-Tabor Church v. Equal Employment Opportunity Commission, the government sued a church school that fired a teacher for violating one of the church's religious tenets: threatening to sue over an employment dispute rather than resolving the disagreement internally. The Equal Employment Opportunity Commission claimed this violated the Americans with Disabilities Act because the firing was related to the teacher's health issues.

    The Supreme Court ruled 9-0 in January that punishing a church for failing to retain an unwanted teacher "interferes with the internal governance of the church, depriving the church of control over the selection of those who will personify its beliefs." Such interference, it concluded, violates the First Amendment's Free Exercise and Establishment Clauses.

    In United States v. Jones, also decided in January, the government claimed the power to attach a GPS device to a suspected drug dealer's car and electronically monitor his movements, all without a warrant. This claim drew opposition not just from the ACLU and the Cato Institute, but from the conservative Rutherford Institute, the liberal Constitution Project and organizations ranging from the Gun Owners of America to the Council on American-Islamic Relations.

    Third, in Sackett v. Environmental Protection Agency, the government denied the right of property owners to judicial review of an EPA order to stop building a house it claimed was in violation of the Clean Water Act. In March the court unanimously rejected that position. Justice Antonin Scalia, who wrote the opinion, called access to courts the least the government could provide in response to "the strong-arming of regulated parties" by government agencies. "In a nation that values due process, not to mention private property," wrote Justice Samuel Alito in a concurring opinion, the government's "treatment [of the homeowners] is unthinkable."
    And this is an administration supposedly led by a constitutional law professor!

    Later in March, the administration claimed in the ObamaCare case that the government could require people to buy something as a means of regulating a broader national market. And a month later in Arizona v. United States, the government said that a federal policy decision regarding immigration enforcement priorities could by itself trump state law—a position that seemed to trouble even Justice Sonia Sotomayor, one of the president's own nominees.

    More recently, the Justice Department has been suing states over voter-ID laws. Attorney General Eric Holder makes speeches claiming these laws herald the return of Jim Crow. Never mind that the Supreme Court has found them to satisfy the Voting Rights Act and the Constitution, most recently by 6-3 in Crawford v. Marion County Election Board (2008), where plaintiffs claimed that needing a photo-ID placed an undue burden on their right to vote.

    The government's arguments across a wide variety of cases would essentially allow Congress and the executive branch to do whatever they wanted without meaningful constitutional restraint. This view is at odds with another unanimous Supreme Court decision, Bond v. United States (2011). Bond vindicated a criminal defendant's right to challenge the use of federal power to prosecute her. As Justice Kennedy wrote, "[F]ederalism protects the liberty of the individual from arbitrary power. When government acts in excess of its lawful powers, that liberty is at stake."

    If the government loses in the health-care or immigration cases, it won't be because its lawyers had a bad day in court or because the justices ruled based on their political preferences. It will be because the Obama administration continues to make legal arguments that don't pass the smell test.
    Seriously, has any administration ever gotten into such consistent conflict with the Supreme Court? And can anyone really make the case that this is because the Supreme Court is conservative?

  • #2
    Re: Administration keeps on losing in court

    Funny that Scalia and Alito seem to value a property owner's access to the courts much more than they do that of the worker in Ledbetter. As for the health care provisions that is strictly a political battle and would not even be litigated if a republican president had written it.
    But yes you are right the Obama admin is all about government power over citizens. Especially the powers to surveille and imprison without due process. This admin has also prosecuted more whistleblowers already than w did in eight years. I doubt the supremes will limit any government power over citizens that can be covered by the fig leaf of national security.

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    • #3
      Re: Administration keeps on losing in court

      The Ledbetter case was strictly an interpretation of a Congressional statute. The liberal justices, as usual, wanted to just ignore the law because it didn't get the result they wanted. I guess even recently passed laws are "living, breathing" things.

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      • #4
        Re: Administration keeps on losing in court

        Originally posted by adaher View Post
        ...
        Seriously, has any administration ever gotten into such consistent conflict with the Supreme Court? And can anyone really make the case that this is because the Supreme Court is conservative?
        If you are going to start a thread, why not include the answer to this question?
        What are the numbers on Supreme Court decisions?

        מה מכילות החדשות?


        • #5
          Re: Administration keeps on losing in court

          Originally posted by timj219 View Post
          As for the health care provisions that is strictly a political battle and would not even be litigated if a republican president had written it.
          You do not realize the irony of how big that if is? LOL

          מה מכילות החדשות?


          • #6
            Re: Administration keeps on losing in court

            Originally posted by goober View Post
            If you are going to start a thread, why not include the answer to this question?
            What are the numbers on Supreme Court decisions?
            The numbers are in the article.

            מה מכילות החדשות?


            • #7
              Re: Administration keeps on losing in court

              Originally posted by goober View Post
              If you are going to start a thread, why not include the answer to this question?
              What are the numbers on Supreme Court decisions?
              I'd have to be able to find a source on number of cases the administration lost vs. number of cases previous administrations lost. I know of no place where these numbers have been compiled and I wouldn't know where to find the info to do it myself.

              מה מכילות החדשות?


              • #8
                Re: Administration keeps on losing in court

                Originally posted by adaher View Post
                The Ledbetter case was strictly an interpretation of a Congressional statute. The liberal justices, as usual, wanted to just ignore the law because it didn't get the result they wanted. I guess even recently passed laws are "living, breathing" things.
                The majority in Ledbetter ignored precedent and the obvious intent of congress as clearly expressed in black and white in order to protect corporations who illegally discriminated against workers. It was the most activist decision this country has ever seen. Even more activist than bush v gore.

                מה מכילות החדשות?


                • #9
                  Re: Administration keeps on losing in court

                  Originally posted by JohnLocke View Post
                  You do not realize the irony of how big that if is? LOL
                  That legislation could have been written by w or dozens of other prominent republicans. And if obama had not written it the next republican president would have. The legislation contains almost nothing the left wanted and except for tort restrictions contains everything republicans wanted.

                  מה מכילות החדשות?


                  • #10
                    Re: Administration keeps on losing in court

                    Originally posted by timj219 View Post
                    The majority in Ledbetter ignored precedent and the obvious intent of congress as clearly expressed in black and white in order to protect corporations who illegally discriminated against workers. It was the most activist decision this country has ever seen. Even more activist than bush v gore.
                    Are you talking about Ledbetter v. Goodyear?

                    If you are, that basically comes down to Ledbetter not filing suit inside the legally prescribed time period. Simple as that. I honestly was shocked to see such a case make it to the appellate courts, let alone USSC.

                    The rules were and are crystal clear. Ledbetter just didn't want them to apply to her. Tough shit.
                    - - - Updated - - -

                    Originally posted by timj219 View Post
                    That legislation could have been written by w or dozens of other prominent republicans. And if obama had not written it the next republican president would have. The legislation contains almost nothing the left wanted and except for tort restrictions contains everything republicans wanted.
                    That is HIGHLY doubtful.

                    You realize not a single Republican voted for it, right? No, the ACA was not inevitable and no, a Republican President would not have written it.

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                    • #11
                      Re: Administration keeps on losing in court

                      Originally posted by timj219 View Post
                      The majority in Ledbetter ignored precedent and the obvious intent of congress as clearly expressed in black and white in order to protect corporations who illegally discriminated against workers. It was the most activist decision this country has ever seen. Even more activist than bush v gore.
                      The law was clear: 180 days to sue. That was Congress' intent, that was the plain language of the law. T

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                      • #12
                        Re: Administration keeps on losing in court

                        Originally posted by adaher View Post
                        The law was clear: 180 days to sue. That was Congress' intent, that was the plain language of the law. T
                        Like i said - i'm shocked it made it to the appellate courts.

                        Some people just cannot accept that just because a case didn't go the way they wanted does not mean there was some nefarious intent. Sometimes the suit simply has no merit.

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                        • #13
                          Re: Administration keeps on losing in court

                          Her case was that the discrimination happened within the 180 day period, but if we were to accept that logic, then all statutes of limitations would be invalid.

                          מה מכילות החדשות?


                          • #14
                            Re: Administration keeps on losing in court

                            Originally posted by timj219 View Post
                            That legislation could have been written by w or dozens of other prominent republicans. And if obama had not written it the next republican president would have.
                            Remarkable. Republicans campaign against what you claim they would act for. By this logic, can we expect Obama and the Democrats to work to abolish abortion, civil rights, women's voting, Social Security, Medicare/Medicaid, Planned Parenthood OR is it only health care that this logic applies?

                            Originally posted by timj219 View Post
                            The legislation contains almost nothing the left wanted
                            You cannot be serious. The legislation was written by the Left and excluded Republicans from the process.

                            מה מכילות החדשות?


                            • #15
                              Re: Administration keeps on losing in court

                              If the left didn't want it, they wouldn't care if it got repealed.

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