Thursday, June 26, 2014
Courts - SCOTUS to issue opinions at 10AM
There are only four cases yet to be decided. Opinions in all four could be handed down this morning, or more likely, some will be held over for Monday. Here are the cases remaining (thanks to SCOTUSblog):
- Sebelius v. Hobby Lobby Stores, Inc. - Constitutionality of Affordable Care Act contraception mandate
- National Labor Relations Board v. Noel Canning - Constitutionality of President's recess appointments to NRLB
- McCullen v. Coakley - Abortion clinic buffer zones and free speech
- Harris v. Quinn (7th Circuit) - Whether a state may compel personal care providers to accept and financially support a private organization as their exclusive representative to petition the state for greater reimbursements from its Medicaid programs; and a ripeness issue.
[Update] Recess appointments (Noel Canning opinion) is first opinion today. Upholds DC Court. The Recess appointments clause empowers the president to fill any existing vacancy during any recess (intra-session or inter-session) of sufficient length. The court says that a recess of more than three days but less than ten days is presumptively too short to fall within the clause. (per amy howe)
Here is the upshot of the decision. The President can make a recess appointment without Senate confirmation when the Senate says it is in recess. But either the House or the Senate can take the Senate out of recess and force it to hold a "pro forma session" that will block any recess appointment. So while the President's recess appointment power is broad in theory, if either house of Congress is in the hands of the other party, it can be blocked. (by tgoldstein)
ILB: And that would be the exact time the Prez might need to try a recess appt ....
[UPDATE] Long delay, caused by justices reading portions of opinion out loud.
McCullen v. Coakley opinion is the second and final decision today, abortion clinic buffer zones. The Court holds that the Massachusetts law violates the First Amendment. This is a law that imposes a thirty-five-foot buffer zone around abortion clinics.
The opinion appears to be mainly focused on the fact that the buffer zone includes public ways and sidewalks. (by Amy Howe).
The two remaining opinions will be Monday.
Posted by Marcia Oddi on June 26, 2014 09:23 AM
Posted to Courts in general