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Elena Kagan

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.
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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
May 12, 2010 | Jonathan Turley
If confirmed as a Supreme Court justice, Elena Kagan will bring greater diversity to the court by adding a third woman. What she will not bring is educational diversity. Her confirmation will leave the court entirely composed of former law students at either Harvard or Yale. The decision of President Obama to select a nominee from one of these two schools is particularly disappointing as a replacement for Justice John Paul Stevens — an iconic figure on the court who was also its only graduate from an alternative institution (Northwestern)
NEWS
January 25, 2011 | By David G. Savage, Washington Bureau
Six Supreme Court justices are expected to attend President Obama's State of the Union speech Tuesday, amid growing concern over the politicization of the nation's high court. A court spokesman would not identify which of the panel's nine justices would attend, but it appeared likely that Justices Samuel A. Alito Jr., Antonin Scalia and Clarence Thomas would be the three to skip the president's speech. Alito, who shook his head in disagreement as Obama spoke last year, had accepted an offer to teach law classes in Hawaii this week.
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.
NATIONAL
June 16, 2011 | By David G. Savage, Washington Bureau
The Supreme Court bolstered the rights of juveniles for the second year in a row, deciding by a 5-4 vote that police officers who remove a student from class for questioning about a crime usually must warn him or her of the right to remain silent. The decision Thursday did not set a strict rule for all cases involving police questioning of minors, but the justices said young people deserved extra protection because they would feel they had no choice but to answer. "It is beyond dispute that children will often feel bound to submit to police questioning when an adult in the same circumstance would feel free to leave," wrote Justice Sonia Sotomayor.
NATIONAL
March 25, 2014 | By David G. Savage
WASHINGTON - The Supreme Court's conservative justices sharply criticized part of President Obama's healthcare law Tuesday, suggesting they will rule later this year that requiring Christian-owned corporations to offer their employees contraceptives coverage violates the freedom of religion. “Your reasoning would permit requiring profit-making corporations to pay for abortions,” Justice Anthony M. Kennedy told U.S. Solicitor General Donald Verrilli, who defended the contraceptives provision of the Affordable Care Act. The administration's lawyer warned that the court would be adopting a “dangerous principle” if it gave employers a right to exempt themselves from federal laws based on their religious beliefs.
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
April 5, 2011 | By David G. Savage, Washington Bureau
The Supreme Court restored a death sentence for a Van Nuys murderer Monday, despite evidence that he suffered severe brain damage as a child. Scott Pinholster, who stabbed two men to death in a drug robbery gone bad in Tarzana in 1982, is an epileptic who suffered blows to the head in two auto accidents. His mother backed her car into him when he was 2, and his head slammed into the windshield during an accident a year or two later. By age 10, he was having outbursts at school. At 11, he was sent to a mental institution.
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.
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