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Elena Kagan

OPINION
February 24, 2013 | By Eric J. Segall
Over the next three months, the justices of the U.S. Supreme Court will decide whether to end affirmative action, whether to overturn part of one of the most important civil rights laws in our country's history (the Voting Rights Act) and whether gays and lesbians have a constitutional right to the same marriage benefits as heterosexual couples. In almost every term, the justices exercise veto power over fundamental policy questions such as abortion, gun control and freedom of speech and religion.
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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 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
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.
BUSINESS
March 4, 2014 | By David G. Savage
WASHINGTON - Outside accountants and lawyers who reveal fraud and wrongdoing at publicly traded companies are protected as whistle-blowers just as employees are, the Supreme Court ruled, expanding the reach of an anti-fraud law passed in the wake of the collapse of companies such as Enron Corp. and WorldCom Inc. The 6-3 decision Tuesday will affect the mutual fund and financial services industries in particular because they rely heavily on outside contractors and advisors. Denying whistle-blower protection to all outside employees of such companies would leave a "huge hole" in the 2002 law, said Justice Ruth Bader Ginsburg, noting that most mutual fund companies hire independent investment advisors and contractors rather than employees.
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.
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
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.
NATIONAL
March 21, 2012 | By David G. Savage, Washington Bureau
Defendants in criminal cases have a constitutional right to a competent lawyer's advice when deciding whether to accept a plea bargain, the Supreme Court ruled, providing a significant expansion of rights that could have a broad impact on the justice system. "Ours for the most part is a system of pleas, not a system of trials," Justice Anthony M. Kennedy said for the majority in a pair of 5-4 decisions. Noting that about 97% of federal convictions and 94% of state convictions result from guilty pleas, Kennedy wrote that "in today's criminal justice system, the negotiation of a plea bargain, rather than the unfolding of a trial, is almost always the critical point for the defendant.
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