The Supreme Court ruled today in McCullen v. Coakley that a Massachusetts law creating a buffer zone around abortion clinics violates the First Amendment. The law criminalized standing on a public sidewalk within 35 feet of an abortion facility, with narrow exceptions for employee and law enforcement access. Eleanor McCullen, the lead plaintiff, is a grandmother in her late seventies who stood on sidewalks near clinics in order to initiate quiet, one-on-one conversations with women seeking abortions. The Court held today that the buffer zones created by the law burden substantially more speech than necessary to achieve the Commonwealth’s interests.
The Court was unanimous in its judgment that the law violates the First Amendment rights of anti-abortion speakers such as Eleanor McCullen. So, why is McCullen so disappointing to conservatives?
Above the Law editors are just like you. We wake up in the morning and log into SCOTUSblog and start a group Gchat about important Supreme Court cases just like everybody else.
We figure that the world doesn’t need another “analysis” of today’s Noel Canning decision in the recess appointments case. There will be approximately five million of those coming to an internet near you.
Instead, take a look at our real-time reactions as the decision went live. If you think we sound kind of dumb on the site, wait until you see how we actually think in real time….
I get it, Bachelorette fans, you really think that ABC and the other broadcast networks are “free” and that you should be able to watch them without paying for them. You’ve been told, all your life, that they’re on the “public” airwaves, and that means everybody should be able to watch them without paying the cable company its monthly vig. You hate today’s Aereo decision, because once again the most pro-business Supreme Court ever backed “the evil cable companies” over consumers who want to “cut the cord.” Check out Brian Barrett’s excellent piece on how the Court killed technology and freedom itself this morning.
And when you are done crying, please, grow up. You can’t steal television. Aereo was stealing television. Aereo was stealing television and selling it back to you at a cheap price… which is what fences do when they sell you something they’ve stolen….
* With OT 2013 drawing to a close, here’s a nifty chart that shows which Supreme Court justices vote together most and least often. The division is real, people. [The Upshot / New York Times]
* “Not only do they have unique interpretations of the Constitution but they can’t even agree on how to pronounce words.” Listen to our SCOTUS justices flub the word “certiorari.” [Legal Times]
* Quinn Emanuel and Samsung must now pay more than $2M in sanctions to Nokia and Apple after leaking confidential, “attorneys’ eyes only” information in a discovery blunder. Oopsie! [Legal Week]
* “Why can’t you get a real job?” This judge — the same one who sentenced a rapist to just 30 days in prison — told a fast-food worker to get a better job to pay off his restitution more quickly. [Billings Gazette]
* If you think you’ve seen the best of the “Law and ______” classes, you ain’t seen nothing yet. Say hello to some newcomers, like Video Game Law and Law of Robots. Justice Scalia is pissed. [WSJ Law Blog]
* JFK University is holding “Saturday Law School” at a shopping mall. They’ll be down by the “Macy’s and California Pizza Kitchen.” [Pleasanton Weekly]
* Professor David Bernstein from GMU Law explains how sex works. Basically, unless you’re dealing with prostitutes, the proper way to deal with women is to just stick it in and see what happens. [Gawker]
* “Noticing that different people look differently = innate human observation a little girl can do. Ascribing vastly different levels of trustworthiness based on skin color = police work.” [ATL Redline]
* Michelle MacDonald, the GOP nominee for Minnesota Supreme Court, has a pending DWI and an old contempt arrest, which she blows off with the line, “You can play foosball in the court when a judge isn’t there.” Picking real winners there, Minnesota. [Politics in Minnesota]
The opinions released by the Supreme Court this morning were not super-exciting. The good news, pointed out by Professor Rick Hasen on Twitter, is that “[t]here are no likely boring #SCOTUS opinions left.” (But see Fifth Third Bancorp v. Dudenhoeffer, noted by Ken Jost.)
So let’s talk about something more interesting than today’s SCOTUS opinions: namely, the justices’ recently released financial disclosures. Which justices are taking home the most in outside income? How robust are their investments?
* SCOTUS justices’ financial disclosures revealed that none of them received gifts worth reporting in 2013. Either their friends have gotten cheaper, or they have fewer friends. Aww. [Legal Times]
* Here’s a headline we’ve been seeing for years, but people are still ignoring it in small droves: “Jobs Are Still Scarce for New Law School Grads.” The struggle is real. [Businessweek]
* Law schools, in an effort to avoid their own extinction, are all adapting to their new enrollment issues in different ways. We’ll see which was effective in a few years. [U.S. News University Connection]
* Quite the “divorce” train wreck we’ve got here, if only they were legally wed: This lawyer allegedly duped his “wife” into a fake marriage, and is trying to evict her from his $1 million lawyerly lair. [New York Post]
* You may have heard that Hope Solo allegedly assaulted her sister and nephew, but her lawyer says that’s simply not true. It was the drunk soccer star who needed shin guards that night. [Associated Press]
What is going on with the distinguished members of the Supreme Court of the United States? One of the justices recently got caught shopping at Costco. Another just confessed to riding the bus — no, not the Metro, the bus.
Earlier this week, Justice Scalia dissented from the Court’s denial of certiorari in a very interesting Establishment Clause case, Elmbrook School District v. Doe. His dissent garneredmediaattention for the way he curmudgeonly railed against rock music (and got in a dig at Stravinsky).
But what jumped out at me was a different line in the opinion….
* Judges with daughters are seven percent more likely to support women’s rights than judges with only sons. Alas, Justices Scalia and Alito are impervious to human emotion. [New York Times]
* If you thought Supreme Court justices were “profoundly divided” over issues of law, wait until you see how they differ over the pronunciation of the word “certiorari.” [National Law Journal]
* This year’s summer associate programs sound pretty lame compared to the past: “The emphasis is certainly more on the work than it is on the social events.” All work and no play makes Jack an employed boy at graduation. [Boston Business Journal]
* “I saved the internet today. Your freedom continues.” Fair assessment. Sarah Jones’s win in her defamation case against Nik Richie and TheDirty.com was overturned by the Sixth Circuit. [Courier-Journal]
* This cowgirl is putting aside her rodeo accomplishments to go to law school. At least she’ll have the experience needed to ride the bucking bronco of the post-recession job market. [Casper Star-Tribune]
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