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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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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.
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 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."
BUSINESS
June 28, 2012 | By Ricardo Lopez and Chad Terhune
With the U.S. Supreme Court upholding President Obama's Affordable Care Act, state officials and healthcare leaders met the decision with mixed reaction, largely along party lines. Sen. Barbara Boxer, a Democrat, called the ruling on Twitter "great news for America's families. " And Democratic Sen. Dianne Feinstein, in a statement, also heralded the news: "The Supreme Court today upheld the healthcare reform law passed by Congress in 2010, meaning Californians can be confident that access to affordable health insurance is finally a reality.
NATIONAL
March 4, 2014 | By David G. Savage
WASHINGTON -- The Supreme Court on Tuesday expanded protections for whistle blowers covered by an anti-fraud law passed following the collapse of energy giant Enron, ruling outside accountants, auditors and lawyers cannot be fired or punished for exposing fraud. The 6-3 decision will have an effect in the mutual fund and financial services industries, the court said, because they rely heavily on outside contractors and advisers. The case before the court arose when two employees of a firm that did research for the Fidelity family of mutual funds revealed the funds were overstating expenses.
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?
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.
NEWS
June 3, 2013 | By David G. Savage
WASHINGTON -- The police may take a DNA sample from people arrested for serious crimes, the Supreme Court ruled Monday in a major victory for law enforcement and crime victims. The 5-4 decision is likely to make the taking of DNA samples as common as taking fingerprints or a photograph when people are arrested. More than half of the states now require a DNA mouth swab when persons are charged with a serious crime, and many of the others were awaiting a Supreme Court ruling on the constitutionality of the practice.
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.
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