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Elena Kagan

NEWS
June 26, 2013 | By David G. Savage
WASHINGTON - The Supreme Court cleared the way Wednesday for same-sex marriages to resume in California as the justices, in a procedural ruling, turned away the defenders of Proposition 8. Chief Justice John Roberts, speaking for the 5-4 majority, said the private sponsors of Prop. 8 did not have legal standing to appeal after the ballot measure was struck down by a federal judge in San Francisco. "We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to," he said.
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NATIONAL
February 25, 2014 | By David G. Savage
WASHINGTON -- The Supreme Court ruled Tuesday that police officers may enter and search a home without a warrant as long as one occupant consents, even if another resident has previously objected. The ruling -- based on a case involving a Los Angeles Police Department search -- gives the police more leeway to search homes without obtaining a warrant, even in situations where there is no emergency. The case began with a lawsuit filed by Walter Fernandez, a Los Angeles man who was arrested in 2009 as a suspect in a street robbery and taken from his home to the police station.
NEWS
June 28, 2012 | By David G. Savage, This post has been updated, as indicated below.
WASHINGTON -- The U.S. Supreme Court upheld the constitutionality of President Obama 's healthcare law Thursday, ruling the government may impose tax penalties on persons who do not have health insurance. The court's long-awaited ruling rejected a broad legal attack on the Patient Protection and Affordable Care Act brought by Republican state officials and the National Federation of Independent Business. The legal challenge focused on the law's so-called mandate that all must have insurance by 2014 or pay a tax penalty.
NATIONAL
June 25, 2012 | By Rene Lynch
They might well be the most powerful men and women in the nation, but most Americans probably couldn't pick the members of the U.S. Supreme Court out of a lineup. (Unless perhaps they were the only ones wearing long black robes.) As the court's current term draws to a close, it's issuing a series of monumental decisions this week that will affect every man, woman and child in the country. Today alone, the court handed down a split decision on Arizona's controversial immigration law, and ruled that it was unconstitutional to send juveniles to prison for life without the possibility of parole.
NEWS
March 4, 2014 | By Michael McGough
On Monday, the Supreme Court heard oral arguments in the case of a death row inmate in Florida that raises this question: “Whether the Florida scheme for identifying mentally retarded defendants in capital cases violates Atkins vs. Virginia .” Atkins vs. Virginia is the 2002 case in which the court held that “the mentally retarded should be categorically excluded from execution.” The issue in Monday's argument was whether Florida could...
OPINION
April 27, 2014 | Times Editorial Board
Given the danger posed by drunk or reckless drivers, police should follow up on information - even information from an anonymous source - that a vehicle might be careening down a street or threatening other motorists and pedestrians. If they confirm that is the case, they should stop the vehicle. But that isn't what happened in a California case decided by the Supreme Court last week. The court's ruling makes it too easy for police to stop motorists on the basis of an anonymous tip. In 2008, a 911 dispatch team in Mendocino County received a report that a pickup truck had forced another vehicle off the road, giving rise to a concern that the driver might be drunk.
NATIONAL
June 30, 2010
"As a judge, you are on nobody's team. As a judge, you are an independent actor." Elena Kagan "You listen to her answers, you can see why Harvard picked her to be dean of the law school and you can see why she was picked to be the first woman as solicitor general. It was like being back and hearing some of the very best professors I had in law school listening to her answers. They were superb." Sen. Patrick J. Leahy (D-Vt.) " She has been, in my view, a witness who has manifested a deep knowledge of the law, and she's certainly very adept at describing what she thinks about the law. By the same token, I think she's been very adept at avoiding very specific questions that could result in criticism of her point of view."
NEWS
March 26, 2013 | By Noam N. Levey and David G. Savage
WASHINGTON - The lawyer defending California's ban on same-sex marriage drew skeptical questioning from swing justices Tuesday as the Supreme Court began two historic days of oral arguments considering the rights of gays and lesbians. Charles J. Cooper, whose clients include citizens who voted for California's 2008 Proposition 8 banning same-sex marriage, tried to convince the justices that states should have the right to limit marriage to heterosexual couples because they can produce children.
NATIONAL
June 24, 2011 | By David G. Savage, Washington Bureau
The Supreme Court on Thursday put an extra burden on crime labs, declaring that a man accused of drunken driving has the right to demand that a lab technician testify in person about a blood test that showed he was impaired. The 5-4 decision was the latest to extend the reach of a defendant's constitutional right "to be confronted with the witnesses against him. " And once again, the outcome was driven by an unusual coalition of conservative and liberal justices. Two years ago, the court said a crime lab technician was a witness for the prosecution and, therefore, must be available to testify.
OPINION
July 4, 2012
Re "Roberts shows he puts law above politics," June 30 What a sad state of affairs that we praise the chief justice of the Supreme Court because he "puts law ahead of politics. " Have we stooped that low? Of course, the country can be thankful thatJohn G. Roberts Jr.'s constitutional training brought him to his decision. Our country will be better for it. Are we to take from this that the four justices who voted against the Affordable Care Act put their politics before the law?
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